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2005 Supreme(Kar) 115

S.ABDUL NAZEER
Y. S. RAMACHANDRA RAO – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
H.KANTHARAJ, KALYAN KUMAR, RATNA N.SHIVAYOGIMATH, V.C.THAMMAIAH

S. ABDUL NAZEER, J.

( 1 ) THE petitioner claims to be an Archak of Anjaneyaswamy Temple. He had filed an application for grant of occupancy rights of lands measuring 31 guntas in Survey No. 643 situated at Yeragamballi Village, Yelandur taluk, Mysore District. Likewise, respondents 3 and 4 had made applications for grant of occupancy rights to an extent of 20 guntas and 14 guntas respectively in the same Survey Number. The land in question was admittedly endowed to Sri Anjaneyaswamy Temple, yeragamballi.

( 2 ) THE Land Tribunal by an order dated 20-1-1981 had granted occupancy rights in respect of the said Survey Numbers in favour of respondents 3 and 4, Feeling aggrieved by the said order, petitioner filed a writ petition in W. P. No. 2126 of 1983 and this Court by the Order dated 12-11-1984 quashed the said order on the ground that it was not a speaking order and directed the Land Tribunal to make a fresh enquiry in accordance with Rule 17 of the Karnataka Land Reforms Rules, 1974.

( 3 ) THE Land Tribunal by a subsequent Order dated 8-12-1988 (Annexure-K) granted occupancy rights to an extent of 31 Guntas in the said Survey Number in favour of the petitioner. Again, the Land tribu













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