Full Judgment Text
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PETITIONER:
STATE OF KARNATAKA
Vs.
RESPONDENT:
SHRI KUDLI SRINGERI MAHASAMASTHANAM & ORS.
DATE OF JUDGMENT: 08/08/1996
BENCH:
JEEVAN REDDY, B.P. (J)
BENCH:
JEEVAN REDDY, B.P. (J)
SEN, S.C. (J)
CITATION:
JT 1996 (7) 214 1996 SCALE (5)779
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Heard the counsel for the parties.
These appeals are preferred by the State of Karnataka
against the judgment of a Division Bench of the Karnakata
High Court allowing the two writ petitions filed by the
respondent and declaring that the Karnataka Inams Abolition
Laws (Amendment) Act, 1979 (Karnataka Act 26 of 1979) is a
still-born, void and invalid Act and declaring further that
the Mysore (Religious and Charitable) Inams Abolition
(Karnataka Amendment) Act, 1984 is a superfluous enactment.
It was also declared by the High Court that the Mysore
(Religious and Charitable) Inams Abolition Act, 1955 as
amended in 1969 remains unaffected by the Karnataka Inams
Abolitions Laws (Amendment) Act, 1979. The decision of the
Karnataka Appellate Tribunal in Appeal No. 453 of 1977,
which was questioned by the State, was also affirmed.
The respondent was the Inamdar of a large extent of
land covering 9 villages. They were inam lands and stood
abolished under the Inam Abolition Act, 1955 with effect
from 1.4.59. The main dispute herein pertains to the
determination of the Basic annual sum to which the
respondent is entitled to. By an order dated 1st September,
1957 the Deputy Commissioner fixed the Basic annual sum at
Rs. 2,815/-. After the coming into force of the Amendment
Act 33 of 69, which inter alia inserted Section 21-A
providing for review of the orders determining the Basic
annual sum, the respondent filed a revision which was
allowed by the Deputy Commissioner by his order dated 5th
May, 1976. Under this order the Basic annual sum was fixed
at Rs. 1,94,875/-. An appeal preferred by the State of
Karnataka against the order of the Deputy Commissioner was
dismissed by the Appellate Tribunal. Then followed Amendment
after Amendment, which it is not necessary to trace here for
the reasons mentioned hereinafter. (Act 26 of 79 was enacted
and then came Act 24 of 1984 and ultimately the Amendment
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Act of 1995, the last-mentioned during the pendency of this
matter in this Court). The High Court has dealt with both
the Amendment Acts viz., Act 26 of 79 and Act 24 of 84 and
has made certain declarations and directions. The 1995
(Amendment) Act, of course, was enacted and came into force
after the impugned judgment was delivered by the High Court.
The judgment of the High Court is assailed on various
grounds in these appeals.
After hearing the parties, we are of the opinion that
it is not necessary, in the particular facts and
circumstances of this case, to go into or consider the
several contentions raised in these appeals, or for that
matter, considered and pronounced upon by the High Court.
Having regard to the extend of the land concerned herein and
all the relevant facts and circumstances, we are inclined to
think that the determination of the Basic annual sum at Rs.
1,94, 875/- is reasonable and adequate. Accordingly, we
dismiss these appeals without expressing any opinion on any
of the contentions raised in these appeals or, for that
matter, upon those considered and adjudicated upon by the
High Court. Similarly we do not express any opinion upon the
effect and validity of the Mysore (Religious and Charitable)
Inams Abolition Karnataka Amendment Act, 1995 being
Karnataka Act 29 of 1995. The said questions may be gone
into in an appropriate case.
The appeals are accordingly dismissed subject to the
above observations. No costs.