( 1 ) THESE four petitions filed under Article 226 of the Constitution of India are directed against four orders of the Land Tribunal, Shimoga District, Shimoga, passed in its proceedings. (i) No. LRF (T) KMH-23/74-75 dt. 27-12-76 (ii) No. LRF (T) KMN-17/74-75 dt. 27-12-76 (iii) No. LRF (T) KMH-18/74-75 dt. 6-1-77 and (iv) No. LRF (T) K. MN-14/74-75 dt. 27-12-76. (Exhibits 'd' to 'g') respectively. ( 2 ) THE lands involved in these cases are situated in a village called Kommanal, shimoga Taluk. The writ petitioners filed applications before the Tribunal separately in form No. 7 of the Karnataka Land Reforms Act, 1961, (the Act) claiming occupancy rights in respect of the lands mentioned in their applications. Gangamma, Nanjundappa, and Parameshwarappa who had been arrayed as opponents before the Tribunal Contested the claims of these petitioners stating that the lands in question were Patel Umbli lands; they were the real hakdars ; that the lands have not been regranted to them under the Karnataka Village offices Abolition Act, 1961, (the Act of 1961); and that therefore, the Tribunal did not have jurisdiction to consider the claims of the applicants. They wanted the (petitioners) applications to be dismissed. The tribunal, by its impugned orders, upheld the contentions of the opponents and disposed off the applications filed in form No. 7 stating that, since the lands involved being Patel Umbli lands and having not yet been regranted in favour of the holders of the village office or authorised holders as provided under the Act of 1961, it had no jurisdiction to consider the claims ( 3 ) IT was argued on behalf of the petitioners that the lands in dispute were devadaya inam lands and not service inam lands. It was their case that the tribunal had jurisdiction to consider their claims. ( 4 ) ON the other hand, according to the Counsel for the contesting respondents, the lands were service inam lands governed by the provisions of the Act of 1961, that the same have not been regranted to them as yet, and the question as to whether any tenancies in respect of those lands had been created or not can only be considered after final orders are passed under the provisions of the Act of 1961. ( 5 ) I have perused the impugned orders and also the relevant papers placed before me. ( 5 ) I have perused the impugned orders and also the relevant papers placed before me. ( 6 ) A copy of the register of inams pertaining to this village (Ex. A) is placed in the records. It is corrected upto December. 1929. The entire village is described as a Devadaya inam endowed toj Sree Lakshminarayanaswami Temple, shimoga. The copies of the composite forms of records of rights and pahanies pertaining to the lands and relating to the years 1969-70 to 1975-76 (Exhibits J to q) show the lands being Patel inam. There is nothing irreconcilable in these entries. It is possible that the entire village is an alienated holding endowed to the aforesaid temple. If some of the lands in that village had been granted to a family or person in lieu of the services rendered or to be rendered as Village patels, it would be an alienated holding in an alienated village and thereby would be a minor inam. ( 7 ) HOWEVER, an investigation into all these aspects would be beyond the scope of this writ proceeding. ( 8 ) WE may broadly indicate the line of action that may have to be pursued in cases like these. Now assuming that Kommanal village is an aliented religious inam village and that the lands in question constitute a minor inam, how should the claim of these petitioners for conferment of occupancy rights under the provisions of the Act be proceeded with by the Tribunal ? ( 9 ) THE Mysore (now Karnataka) (Religious and Charitable) Inams Abolition act, 1955 (the Act of 1955) came into force on 1-1-1970. The Act of 1961 came into force on 1-2-1963. Though the Karnataka Land Reforms Act came into force with effect from 2-10-1965. the relevant date for purposes of investigating into the claims of the petitioners would be 1-3-1974, the date on which that Act came to be amended by Act No. 1 of 1974 providing for vesting of the tenanted lands and conferment of occupancy rights on the cultivators. The Act of 1955 provides for the abolition of religious and charitable inams of the former State of mysore (the Old Mysore area of the New 'hate ). The Act of 1955 provides for the abolition of religious and charitable inams of the former State of mysore (the Old Mysore area of the New 'hate ). Whether the lands in question are Patel Umbli lands or not is required to be first determined under the provisions of the Act of 1955 by the authorities constituted under the said Act. If it is established under the provisions of that Act, that the lands are Patel Umbli lands then the provisions of the Act of 1961 would be attracted to that village Office, and the consequences enumerated in that Act would follow. After the rights of the parties in possession of the lands attached to the Village Office are worked out and determined under the provisions of the Act of 1961 by the authorities constituted under that Act, the Tribunal will have to take up for consideration the applications filed by these petitioners under Section 48a of the Act and determine as to whether they were tenants cultivating the la ds in question as on 1-3 1974. This is how in a case involving lands to which the aforesaid enactments are attracted the investigation has to proceed, and until the rights of the parties are determined firstly under the Act of 1955, and thereafter under the Act of 1961, claims arising under the Act cannot be considered, and therefore the Tribunal will have to keep these applications pending instead of disposing them of. ( 10 ) IN this connection it may be noted that the Act of 1955 has been further amended by Karnataka Act 26 of 79 conferring powers on the Tribunals to determine the rights of the parties arising under that Act. In proceedings like these pending before the Tribunal if a question arises as to whether this was a religious inam coming under the mischief of Act of 1955 or a service inam attracting to it the provisions of the Act of 1961 it would be necessary for the Tribunal initially to determine that question since that would be a jurisdictional issue. ( 11 ) THE impugned orders of the Tribunal are passed without examining all aspects of the questions involved. The orders are, therefore, unsustainable. The matters are required to be reheard by it. ( 11 ) THE impugned orders of the Tribunal are passed without examining all aspects of the questions involved. The orders are, therefore, unsustainable. The matters are required to be reheard by it. ( 12 ) THEREFORE, the petitions are allowed, the rules issued are made absolute and the orders impugned in each of these cases are hereby quashed. The matters are remitted to the Tribunal for fresh enquiries according to law and in the light of the observations made above. No costs. --- *** --- .