Judgment 1. The petitioners in this writ petition are questioning the order dated 20.6.2011 in proceedings INA No.5/2003-04 by the 2nd respondent rejecting the claim of petitioners No.8 to 11 for grant of occupancy rights to an extent of 1 acre 14 guntas in Sy.No.70 of Vokkodi village, Bellavi Hobli, Tumkur Taluk, vide Annexure-K on the ground that they have not made separate application for grant of occupancy right within the time prescribed under the provisions of Karnatka (Religious and ) Inams Abolition Act, 1961 (for short ‘Act') and directed the 4th respondent - Tahsildar, Tumkur to auction usufructs raised in the land in question and remit the same in the account of the temple/5 th respondent. 2. Heard the learned counsel for both sides. 3. According to the learned counsel for the petitioners, one Chikkayellaiah said to have filed an application for regrant of land to the extent of 2 acres 34 guntas. However, he was in possession and cultivation to the extent of 1 acre 20 guntas of land. Likewise one Govindaiah also had filed an application for grant of 1 acre 14 guntas of land. After passing of the impugned order vide Annexure-K, the legal representatives of Govindaiah had filed WP No.29414/1994 challenging the order dated 18.11.1988 registering Chikkayellaiah as occupant of 1 acre 14 guntas of land in Sy.No.70 and rejecting the claim insofar as the same extent of land. The said writ petition by order dated 25.7.2003, was allowed and the matter was remanded to the Land Tribunal to conduct enquiry in respect of 1 acre 14 guntas of land. After remand, the Land Tribunal once again, has rejected the claim for 1 acre 14 guntas of land by the impugned order. Aggrieved by the same, petitioners are before this court in this writ petition. 4. Having regard to the facts and circumstances stated above, I feel that there is no need to file a separate application as there is no partition by metes of bounds between all brothers. An application filed by one of the family members for regrant will enure to the benefit of the family members. As no arrangement is made between the family members that will not take away the right of the petitioners on the ground that there was no partition in the family. The writ petition is allowed. An application filed by one of the family members for regrant will enure to the benefit of the family members. As no arrangement is made between the family members that will not take away the right of the petitioners on the ground that there was no partition in the family. The writ petition is allowed. The impugned order dated 20.6.2011 in proceedings INA No.5/2003-04 passed by the 2nd respondent, Annexure-K is quashed. There is no necessity to file separate application by the petitioners for regrant under the Act. The matter is remitted to the Deputy Commissioner, Tumkur, to consider the case of the petitioners for regrant in accordance of law. The Government Pleader is permitted to file memo of appearance on behalf of respondents No.1 to 4 in four weeks.