H ESWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These four petitions filed under Article 226 of the Constitution of India are directed against four orders of the Land Tribunal, Shimoga District, Shimoga, passed in its proceedings.

(2.) The lands involved in these cases are situated in a village called Kommanal, Shimoga Taluk. The writ petitioners filed applications before the Tribunal separately in form No. 7 of the Karnataka Land Reforms Act, 1961, (the Act) claiming occupancy rights in respect of the lands mentioned in their applications. Gangamma, Nanjundappa, and Parameshwarappa who had been arrayed as opponents before the Tribunal Contested the claims of these petitioners stating that the lands in question were Patel Umbli lands; they were the real hakdars ; that the lands have not been regranted to them under the Karnataka Village Offices Abolition Act, 1961, (the Act of 1961); and that therefore, the Tribunal did not have jurisdiction to consider the claims of the applicants. They wanted the (petitioners) applications to be dismissed. The Tribunal, by its impugned orders, upheld the contentions of the opponents and disposed off the applications filed in form No. 7 stating that, since the lands involved being Patel Umbli lands and having not yet been regranted in favour of the holders of the village office or authorised holders as provided under the Act of 1961, it had no jurisdiction to consider the claims

(3.) It was argued on behalf of the petitioners that the lands in dispute were Devadaya inam lands and not service inam lands. It was their case that the Tribunal had jurisdiction to consider their claims.