Karnataka Court March 2003 Judgments

Sripathy Govind Bhat Vs. State of Karnataka, by Its Secretary, Revenue ...

Court: Karnataka

Reported in: ILR2003KAR4196

Saldanha, J.1. A rather interesting situation has arisen in this Writ Appeal wherein, the appellant before us who claims to be an Archaka performing the pooja in the Vinayak Dev Temple at Arasgud village and also claiming to be a person who maintains the temple has been granted occupancy rights by the tribunal by order dated 26.9.1994. The appellant had filed Form No. 1A under the provisions of the Karnataka Certain Inams Abolition Act, 1977. The tribunal granted occupancy rights in his favour in respect of the three Survey Numbers in question and it is this decision which was challenged before the learned Single Judge by his sister-in-law, i.e. the wife of his late brother. The learned Single Judge set aside the order on the ground that the lands effectively vest in the deity and that therefore the grant of occupancy rights in such situation is something unthinkable and furthermore that the entries in the revenue records show the name of the deity as the owner of the lands and that co...