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2023 Supreme(Online)(KAR) 23086

HIGH COURT OF KARNATAKA
ALOK ARADHE,S VISHWAJITH SHETTY
VASUDEVA KINI SINCE DEAD BY LRS – Appellant
Versus
STATE OF KARNATAKA – Respondent


This intra court appeal has been filed against the

order dated 14.12.2011 passed by the learned Single

Judge by which writ petition preferred by the

appellants has been dismissed.

2.

Facts leading to filing of this appeal briefly

stated are that the father of the appellants claimed to

be a tenant in respect of certain lands bearing

Sy.Nos.59/6 and 59/14 situated at Naravi Village,

Belthangady Taluk, Dakshina Kannada District,

measuring 0.07 acres and 0.33 acres respectively. He

therefore, filed an application seeking occupancy

rights. The land tribunal granted the occupancy

rights. The order passed by the land tribunal was

subject matter of challenge in writ petition viz.,

W.P.No.15314/89 which was filed by mother of

respondents No.3 to 8. The aforesaid writ petition was

5

allowed and the matter was remitted to the tribunal

for fresh enquiry.

3.

The tribunal by an order dated 23.07.1986

granted occupancy rights. The aforesaid order passed

by the tribunal was challenged in W.P.No.2006/1993,

which was allowed only in respect of land bearing

Sy.No.59/6,

Sy.No.59/14P1

and

Sy.No.59/14P2

measuring 40 cents, in all and the matter was

remitted for fresh enquiry. The tribunal by an order

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