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2025 Supreme(Kar) 1938

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K.
Mansukh Lal Patel, S/o. Jeevaraj G. Patel – Appellant
Versus
State Of Karnataka, Represented By Its Secretary To Revenue Department – Respondent


Advocates Appeared:
For the Appellant : Sri. Vinayaka B. And Sri. Varun R, Adv.
For the Respondent: Sri. Kiran Kumar, Aga., Sri. K. Chandranath Ariga, Adv.

ORDER :

RAJESH RAI, J.

1. The petitioners in this writ petition are seeking a writ of certiorari to quash the A order dated 01.03.1994 passed by the Land Tribunal-respondent No.2 vide Annexure-, whereby the Land Tribunal granted occupancy rights in favour of Chandrayya Naika - respondent No.3.

2. The grievance of the petitioners' is that the land measuring 25 cents in Sy.No.159 situated at Shivalli Village, Udupi Taluk (for brevity "the subject land"), originally belongs to Sode Vadiraja Mutt (for brevity "the Mutt"). In the year 1963, after obtaining permission from the Commissioner for Hindu Religious and Charitable Endowments, Mysore, the Mutt formed a layout. Thereafter, the Mutt leased the subject land (marked as Plot No.46 in the layout plan) to one Rama Rao vide registered Lease Deed dated 09.05.1966 and said Rama Rao sold his lease hold rights in respect of the subject land to one Jagannath Shetty under a registered Deed dated 21.08.1974. Thereafter, said Jagannath Shetty in turn sold the lease hold right to Victoria D'Silva Bai on 06.11.1974 and the Victoria D'Silva Bai sold the same to Purushottam P Shetty on 16.08.2012. Thereafter, the petitioners purchased mooli right and

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