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2023 Supreme(Kar) 1062

ALOK ARADHE, S. VISHWAJITH SHETTY
C. Rajamallaiah – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Namitha Mahesh B.G., Advocate, M.R. Rajagopal, Advocate, S. Raju, Advocate, K.L. Shreenivasa, Advocate, B.K. Manjunath, Advocate, J. Sudhakar, Advocate

JUDGMENT

ALOK ARADHE, J.

This intra court appeal arises out of judgment dtd. 13/2/2009 passed by learned Single Judge by which the writ petition preferred by the appellants has been dismissed and order dtd. 31/8/2006 passed by the Karnataka Appellate Tribunal (hereinafter referred to as 'the Tribunal' for short), upholding the sale proclamation dtd. 22/3/2006 issued by Tahsildar, Mandya, has been upheld.

FACTS:

2. In order to appreciate the grievance of the appellants, relevant facts need mention. Late C.Rajamallaiah (hereinafter referred to as 'the Contractor' for short) was father of the appellant and was an excise contractor who had purchased rights to sell toddy in retail in Mandya District. The Contractor was in arrears on account of monthly rentals amounting to Rs.57, 06, 350.00 with interest during the year 1982-83 and 83-84. The Deputy Commissioner passed an order on 22/11/1984 directing recovery of the aforesaid amount along with interest. The Contractor challenged the order passed by the Deputy Commissioner in a writ petition viz., W.P.No.17754/1983 in which an interim order of stay was granted. The said writ petition was dismissed by an order dtd. 31/5/1985 and the order p

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