YAMUNAIYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is an agriculturist residing at Adaki Village, Sedam Taluk. In this petition filed under Articles 226 and 227 of the Constitution, petitioner calls in question the correctness or otherwise of the orders passed by Karnataka Appellate Tribunal in Appeal No. 318 of 1994, dated 29-3-1996, the order passed by Deputy Commissioner, Gulbarga, in case No. SD/inm/reg/146/74-75, dated 30-9-1961, and the orders passed by Land Tribunal in case No. LRY/ap/tnc/3373/75-76, dated 29-11-1978. Petitioner further seeks for a declaration that the sale deeds executed by 4th respondent in favour of 6th respondent alienating the lands in question registered as document Nos. 191/97-98 and 192/97-98, dated 5-5-1997 as null and void.

(2.) FACTS in support of the reliefs is as under: petitioner claims that he was cultivating lands measuring 19 acres and 12 guntas in Sy. No. 672, situate at Adaki Village, Sedam Taluk. He has produced record of rights for the years 1955 till 1958 to suggest that he was cultivating the aforesaid lands as a non-protected tenant under one inamdar by name Naga alias Nagai Reddy Deshmukh. But till the year 1984, he had not filed any application before the competent authorities to register his name as 'non-protected tenant' of the aforesaid lands as required under Hyderabad Abolition of Inams Act, 1955 (the 'act', for short ).

(3.) ONE Sri Chandrashekhara Reddy, son of Naga Reddy Deshmukh, resident of Madana Taluk, gulbarga District had filed an application before the Special Tahsildar, Inam Abolition, gulbarga, for registration as occupant under Section 8 (1) of the Act, 1955, claiming occupancy rights of Inam lands in several survey numbers of Adaki Village including lands in Sy. No. 672 measuring 19. 03 guntas. On the recommendation made by Special Tahsildar, Inam Abolition, bidar, after holding an appropriate enquiry, the Special Deputy Commissioner for Inam abolition, Gulbarga Division, by his order dated 30-9-1961, has registered the name of Sri chandrashekar Reddy-5th respondent herein as a 'non-protected tenant' under Section 8 (1) of the act, 1955 subject to the payment of premium fixed by him.