MAHAVEER CHAMBANNA KALLIMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this writ petition is filed by the petitioners praying to quash the Order passed by the land tribunal, belgaum, produced at annexure-a, confirming the occupancy rights on respondents 3 to 8 by allowing their form 1 filed by them under Section 5 of the Karnataka certain inams abolition act.

(2.) I have heard the counsel for the petitioners, government pleader for respondents 1 and 2 and the counsel for respondents 3 to 8.

(3.) the petitioners filed form 7 and their form 7 came to be allowed by the tribunal by its order dated 3-7-1979. The land belonged to chandramouleshwara temple. Respondents 3 to 8 claimed to be the wahivatdars of that temple. The temple represented by respondents 3 to 8 filed writ petition No. 14033 of 1990 challenging the Order of the land tribunal granting occupancy rights in these lands to the petitioners. This court, by its Order produced at annexure-f, dismissed that writ petition confirming the Order of the land tribunal granting occupancy rights to the petitioners. Respondent 3 filed writ petition No. 5495 of 1992 for a direction to the land tribunal to consider form 1 filed by the said respondents. That writ petition came to be allowed and a direction came to be issued to the land tribunal to consider form 1 filed by the petitioner in that writ petition. When the matter was before the tribunal in pursuance of the directions given to the tribunal, the tribunal held enquiry wherein the petitioners and respondents 3 to 8 participated. The chairman held that the previous Order passed by the tribunal granting occupancy rights was final and conclusive and it cannot be reopened. But, the other members did not agree with the view of the chairman and they decided to grant form 1 filed by respondents 3 to 8 and in pursuance of the majority decision, the impugned Order came to be passed.