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2019 Supreme(Kar) 1563

DINESH MAHESHWARI, ARAVIND KUMAR
K. Shreesha Upadhya S/o. Late Ramachandra Upadhya – Appellant
Versus
Hindu Religious Institutions & Charitable Endowments Commission Represented by Its Commissioner Chamarajapete – Respondent


Advocates Appeared:
For the Petitioner:Sri. S. Vishwajith Shetty, Advocate.
For the Respondent:Sri. R.K. Prasad Hegde, Sri. Padubidri Mohan Rao, Advocates.

ORDER :

1. Sri Vishwajith Shetty, learned counsel appearing for the petitioners has fairly submitted that prayer Nos.(i) to (iii) are not being pressed and he would confine the arguments to prayer No.(iv) as sought for in the writ petition, which reads as under :

    “(iv) The petitioners further seek a writ in the nature of certiorari or any other appropriate writ order or direction to quash the order of Land Tribunal dated 01/08/1981 in proceedings no.LRY:77-2007-TRI-10337-80-81 passed by the 4th respondent Tribunal vide annexure-C whereby the 5th respondent has been declared as an occupant of the land comprised in Sy.no.128/25 measuring 14 cents of land in Shivally Village belonging to and in the possession of the temple, by playing fraud upon the temple by misusing his power as the then Managing Trustee of the temple;”

2. The relevant background aspects of this matter could be taken note of as follows: The Land Tribunal, Udupi, on the strength of the application filed by the respondent No.5 for grant of occupancy rights in Sy.No.128/25 measuring 14 cents in Shivally Village, adjudicated the said claim after issuing notice in Form No.8, which had been pasted on the Notice Board of Vill

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