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2023 Supreme(Online)(KAR) 23725

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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