U IN THE HIGH COURT OP KARNATAKA AT BANGALORE DATED THIS THE 30Th DAY OP JUNE 1998 BEFORE THE HON*BLE t4R.JUSTICE A.J.SADASHIVA ITION No, 21181 1991 BETWEEN: R.Munuvenkatappa, s/o Chikka— pillakka Ramiah, r/a Vthur Village, Bangalore South Tq., Petitioner (By Smt.Shantha Chellappa, Adv.,) AND: 1. The Land Tribunal, Bangalore South Tq,, rep by its Secy., Dist, Court Buildings, Bangalore. 2. Sanjeevappa, c/o Muniswamappa, r/a Varthur Village, Bangalore South Tq., 3. R.Narayanappa, since deceased, rep by L.Rs:— i) Savithramma. ii) Rajanna (Petition dIsmissed as against R—3(ii) vide Court Order dt. 4.11.97) (By Sri K.H.Jagadish, GA, for Ri) This C.P is filed u/s 151 of CPC r/w u/s 17 of the KLR Act r/w Articles 226 and 227 of the Constitution of India, that for the reasons stated in the accom anying affidavit that this Hon b1e Court be pleased to consider this application and the Appeal No.LRA 158/86 filed before the Land Reforms Appellate Authority, Bangalore, may btreated as Writ Petition in view of amendment to Sec,i7 of the Land Reforms Act. 2 This Writ Petition coming on for prly. hearing this day, the Court made the following :— ORDER Though this petition is listed for preliminary hearing, the same is heard on merits and disoosed of by this order, with the consent of the learned counsel appearing on both the sides. 2. That, in view of the decision of this Court in SRI KUDLI SRINGERI ?4AHASAMSTHANAM Vs. STATE OF KARNATAKA • ILR 1992 Kar 1827, the order impugned in this petition is liable to.: be quashed fcr having been made by the Land Tribunal without authority of law. 3, Admittedly, the petitioner filed an application for grant of 0ccupancy rights under the provisicns of the Karnataka Inams (Religious and charitable) Ab:lition Act, 1955 before the Special Deputy Commissioner for Inams Abolltition, Bangalore District. In view of the prc:visicns of the Karnataka Inams Abolition Laws (Amendment) Act, 1979 (hereinafter called “Act No.26/1979”), the applications were transferred to the Land Tribuna.l for h.earing and disposal. The constitutionality of Act No,26jr1979 was challenged by Kudli Sringeri Mahasarnsthanam before this Court in W,P,No,7230 ar.d 2590/1979. This Ceurt declared that Karnataka Act 26/1979 is a still born, void and invalid Act in that, it is enacted by the State Legislature without the necessary legilative competence. It is admitted that the Special Leave Petition filed against the said decision was also dismissed by the Supreme Court In this view of the matter, the application decided by the Land Tribunal in view of the provisions of Karnataka Act No.26/1979 is without jurisdiction. 4. For the reasons aforesaid, this petition is allowed. The order dated June 22, 1982 passed by the Land Tribunal, BangaloreSouth Taluk, in case NO,LRF,INA,1161 & 1135 is quashed only in so far as it relates toSy.No.98, Sy,No.346 and Sy,No. 165 of Varthur Village and the matter is remitted to the Land Tribunal, Bangalore South Taluk, with a direction to transmit the records to the Deputy Commissioner, Bangalore District, for hearing and disposal in accordance with law, 4 S In tie circumaa ces of Ui. ca a is n order as to costs. Sd/s JUDGE c..kl, U 6Q8