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2024 Supreme(Kar) 6

PRASANNA B. VARALE, KRISHNA S. DIXIT
Adichunchanagiri Maha Samstana Mutt. , Religious Trust Represented By Its Chairman – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. VIVEK REDDY, FOR SRI. SUBBA REDDY K N., ADVOCATE
For the Respondent:SMT. SHWETA KRISHNAPPA, SRI. SANDESH J CHOUTA., SENIOR ADVOCATE FOR SRI. SAMMITH S., ADVOCATE

JUDGMENT :

These two intra-court appeals seek to lay a challenge to a learned Single Judge's common order dated 18.07.2022 whereby W.P.No.49958/2019 C/w W.P.No.49959/2019 filed by the private respondents herein having been favoured, the grant of subject site has been set at naught with a direction for the refund of allotment value to the appellant-Mutt.

2. Learned Sr. Advocate, Sri Vivek Reddy appearing for the appellant-Mutt made the following submissions:-

    a) Rule 27 of the Karnataka Land Grant Rules, 1969 provides for allotment of site by way of an exception to the normative scheme for the grant; this aspect has not been appreciated by the learned Single Judge in the right prospective.

b) The writ petitioners namely, the private respondents herein lacked locus standi to call in question the orders of grant and this aspect of the matter has not been properly discussed and decided by the learned Single Judge.

c) The documents on the basis of which the writ petitioners had structured their claim, having been examined are held to be spurious by the Forensic Science Laboratory which conducted the exercise on the orders of the court. That being the position, they ought to have been non-sui

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