http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

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.