HIGH COURT OF KARNATAKA
S RACHAIAH
K.V. RANGANATHAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
Learned counsel for the petitioners has made the
following prayer:
(a)"A writ in the nature of certiorari or any
other appropriate writ or order quashing the
order dated 23.10.1979 passed by the
second respondent in case No.LRM (KS)
457/1975-76 true copy of which is produced
as Annexure-C".
2. It is the submission of the learned counsel for the
petitioners that the subject matter of the petition i.e., the
land in dispute was gifted to Smt. Janakamma, who is the
mother of petitioners.
3. According to the submission of learned counsel for
the petitioners, the Tribunal should have issued notice to
the necessary parties before disposing or granting the
occupancy rights in favour of the third respondent. It is
further submitted that, no notice was issued to the
petitioners in the proceeding which was held before the
third respondent.
- 4 -
4.
It is further submitted by learned counsel for
the petitioners that, since no notice was issued to the
petitioners, the order passed by the third respondent vide
Annexure-C has to be quashed and de novo enquiry has to
be conducted by giving sufficient opportunity to the
petitioners.
5. Per contra, learned HCGP for respondent Nos.1
and 2,
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