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1998 Supreme(Kar) 72

G.C.BHARUKA
SAVITHRAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
ASHOK HARANAHAFLI, C.GOWRI SHANKAR, VIDYA

G. C. BHARUKA, J.

( 1 ) THE present writ petition has been filed for quashing of the Order dated 23-7-1988 (annexure-a) passed by the respondent land tribunal, arasikere taluk, rejecting the application filed by the predecessor-in-title of the petitioners for grant of occupancy rights in respect of vacant site measuring east to westfeet and north to southfeet, situate at arasikere town limits under the provisions of the Karnataka (religious and charitable) inams abolition act, 1955 (in short the 'act') as also the Order dated 23-3-1991 (annexure-c) passed by the civil judge dismissing the petition filed by the predecessor-in-title of the petitioners.

( 2 ) THE foundational facts are not in dispute. The petitioners claims to be in occupation of the site in question, which originally belonged to malikali tirupathi Sri venkataramanaswamy temple. Admittedly, the said site was given to one late Sri m. r. puttaswamaiah, whose legal heirs are petitioners herein, on 30 years' lease by the deputy commissioner, hassan, under the lease agreement dated 1-4-1958 for commercial purposes. During the currency of the said lease period, it was again extended for a further period of 10 years pursuant















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