Karnataka High Court
Sri. Mylaralingeshwara Temple vs The State Of Karnataka on 5 July, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.46605/2013 (KLR - RR/SUR)
BETWEEN:
SRI. MYLARALINGESHWARA TEMPLE,
REPRESENTED BY
SRI. MYLARALINGESHWARA SEVA SAMITHI,
DEVARABELAKERE,
HARIHAR TALUK,
DAVANAGERE DISTRICT.
BY ITS CONVENOR,
SRI. H. RUDRAPPA,
AGED ABOUT 53 YEARS,
S/O H. NINGAPPA,
R/O DEVARABELAKERE,
HARIHAR TALUK,
DAVANAGERE DISTRICT - 577 601.
... PETITIONER
(BY SRI.R.GOPAL, ADV.)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
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2. THE DEPUTY COMMISSIONER,
DAVANAGERE DISTRICT,
DAVANAGERE - 577 001.
3. THE TAHASILDHAR,
HARIHAR TALUK,
HARIHAR - 577 601.
4. THE REVENUE INSPECTOR,
KASABA HOBLI,
HARIHAR TALUK,
HARIHAR - 577 601.
5. THE VILLAGE ACCOUNTANT,
DEVARABELEKERE VILLAGE,
HARIHAR TALUK - 577 601.
6. THE KARNATAKA STATE HOME GUARDS,
DIRECTOR OF CIVIL DEFENCE
TRAINING CENTRE,
DEVARAJ URS EXTENTION,
DAVANAGERE - 577 001.
REPRESENTED BY ITS COMMANDANT.
7. THE KARNATAKA STATE HOME GUARDS,
DIRECTOR CIVIL DEFENCE,
ULSOOR, NEAR ULSOOR TANK,
REPRESENTED BY ITS
CHIEF DIRECTOR.
... RESPONDENTS
(BY SRI.C.N.MAHADESWARAN, AGA FOR R1 TO R5;
R6 AND R7 ARE SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDERS OF GRNAT MADE BY THE R2, VIDE
ANNEXURE - X, DATED 7.6.04, & ALSO MUTATION ENTRY
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IN MR.NO.18/99-2000, VIDE ANNEXURE - W, DATED.NIL,
IN SO FAR AS THIS MUTATION ENTRY RELATES TO LANDS
OF PETITIONER IN SY.NOS.2/1P, 3/1, 10 & 75 OF
DEVARABELAKERE VILLAGE, IN HARIHAR TQ. & TO
RESTORE THE ENTRIE IN REVENUE RECORDS IN THE
NAME OF PETITIONER IN RESPECT OF THESE LANDS IN
QUESTION AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. An order of grant made on 07.06.2004 by the Deputy Commissioner is under challenge in this writ petition. The said grant has been made in favour of Karnataka State Home Guards for establishing a Training Centre.
2. The petitioner is also seeking for quashing of the Mutation in respect of the land bearing Sy.Nos.2/1P, 3/1, 10 and 75 of Devarabelakere Village.
3. By way of an amendment, the petitioner had also sought for restoration of the vacant possession of the land bearing Sy.No.2/1, measuring 3 acres and land bearing Sy.No.3/1, measuring 7 acres (totaling 10 acres), both 4 situated at Devarabellakere Village in Harihara Taluk, which had been granted in favour of respondent Nos.6 and 7 vide Annexure-X.
4. An alternative prayer is also made to direct the respondents to take steps to acquire the land of 10 acres and pay compensation for the said land to the petitioner in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.
5. The petitioner claims to represent Mylaralingeshwara Temple which is situated at Devarabelakere Village. The petitioner is a temple, which is sought to be represented by its convener, Sri.H.Rudrappa.
6. One of the contentions advanced by the writ petitioner is that the name of the temple was reflected in the revenue records, but, on the basis of a Circular dated 23.04.1999, the name of the temple has been omitted from the revenue records and an entry has been made 5 that it was a Government land. This change in the revenue entries, has been made on the basis of the Circular which was to the effect that in respect of Inam lands, it was necessary that the name to the Government was required to be entered in the revenue records.
7. During the pendency of this writ petition, this Court directed the Tahsildar to produce the Quit Rent Register to ascertain whether the land was an Inam land. Subsequently, the Tahsildar was also directed to file an affidavit stating as to whether the lands which were the subject matter of the writ petition were Inam lands or not.
8. Sri.K.B.Ramachandrappa, the Tahsildar has filed an affidavit, in which, it is stated that he has verified the Quit Rent Register and upon verification, there was no entries available in respect of the land bearing Sy.Nos.2/1P, 3/1, 10 and 75 of Devarabelakere Village relating to Mylaralingeshwara temple.
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9. In view of this affidavit, it is clear that the lands in question are not Inam lands and consequently, the Circular dated 23.04.1999 cannot be made applicable and the name of the temple cannot be deleted from the revenue records.
10. As a consequence, the revenue entries which stood in the name of the temple earlier shall stand restored.
11. However, in respect of Sy.Nos.2/1 and 3/1 measuring 3 acres and 7 acres respectively, totaling 10 acres, an order of grant has been made in respect of respondent Nos.6 and 7.
12. Learned counsel for the petitioner submits that the petitioner would not press the prayer for cancellation of the grant and would be satisfied, if the petitioner is permitted to make a claim for compensation of this land from the Government.
13. In view of this submission, liberty is reserved to the petitioner to make a claim for compensation to the 7 Government in respect of the land bearing Sy.No.2/1, measuring 3 acres and 3/1, measuring 7 acres from the Government. If such a claim for compensation is made by the petitioner, the State Government shall consider the same and while so doing also consider the fact that the revenue entries did stand in the name of the Temple and determine whether compensation is liable to be paid. If, as a matter of fact, the land belonged to the Temple and on that basis, the revenue entries were made, it would be obvious that the Temple would be entitled to compensation.
14. The Government shall consider the claim that may be made by the petitioner within a period of three months from the date on which the claim is made.
15. If, the Government on consideration of the claim, for any refutes the claim for compensation, the petitioner would be at liberty to initiate appropriate proceedings for claiming compensation before the appropriate forum, in a manner known to law.
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16. Writ petition is accordingly, disposed of.
Sd/-
JUDGE GH