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Judgment
Ajit J. Gunjal
The land in question is Sy.No 56/1 measuring 1 acre 34 guntaa of Yellapurs Village, Kasaba Hobli, Doddaballapur Taluk, Bangalore Rural District. Even according to the petitioner, it an inam land endowed to the deity of Sriniwasa. The said temple is being managed by the Tahsildar in as much as it is a musrai tampk and eras N&rayem Rao k the archak. The petitioner makes an application in form No. 7-A u/s 77-A of the Karnataka Land Reforms Act seeking grant of occupucy rights. An endorsement is produced at Annexure ''H'' indicating that on perusal of the records is shown that it is an inam. land and the test date Rs. making application was 30.6.1991 and that the date having been expired, the question of entertaining an application in Form No. 77-A does not arise. Tlic eairi endorsement is questioned in this writ petition.
Apparently, it is to be noticed that Section 77-A of the Karnataka Land Reforms Act would apply to the applicants who could not make an application for grant of occupancy rights in respect of a non muzrai lands. Indeed, in the case on hand, a specific case has been made out by the petitioner that he is a tenant in respect of a land which comes under the purview of the Mysore (Religious & Charitable) Iname Abolition Act, It is also to be noticed that the endorsement clearly discloses that it is a land which was endowed to a deity. The Tahsildar is in management of the temple.
Having said so, I am of the view that an application which is filed in Form No. 7-A u/s 77-A of the Act was not maintainable at all. The endorsement can not be faulted. But, however, if the petitioner is in possession of the land in question, be can certainly seek any other appropriate relief in accordance with law, Petition stands disposed of accordingly.
Mr. Shashidhar S. Karamadi, learned HCGP in permitted to file memo of appearnce within four weeks from today.