Fraud vitiates all proceedings; lack of notice to a party renders tribunal orders unsustainable.

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present intra Court appeal has been filed by the appellant/petitioner impugning the judgment and order dated 21.04.2025 passed by the learned Single Judge in W.P.No.29343/2024.

2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

3. The petitioner is the Executive Officer for Sri Cheluvanarayanaswamy Temple, Melukote, Mandya District, appointed under the Hindu Religious Institutions and Charitable Endowments Act , 1997. The said temple is a notified religious institution coming under the management and control of the Endowment Department of the State Government. The temple was previously governed under the Karnataka Religious and Charitable Institutions Act, 1927 and now, it is being governed under the , 1997.

4. The temple is a Category 'A' notified institution with an ancient history and place of great faith and belief. The temple is known for the Vairamudi festival where the presiding deity is adorned with jewels and taken on procession, which attracts lakhs of devotees every year. The temple holds great religious importance for the devotees. The devotees have endowed lands and other properties to the temple.

5. The petitioner has filed the aforesaid writ petition impugning the order dated 17.06.1976 passed by the Land Tribunal, Mysuru, conferring occupancy rights of lands in Sy.No.396 measuring 1 acre 14 guntas (later re-numbered as Sy.No.396/2), Sy.No.397 measuring 4 acres 06 guntas (later re-numbered as Sy.No.397/2), Sy.No.398 measuring 3 acres 34 guntas, Sy.No.399 measuring 23 guntas all situated at Kesare Village, Mysuru Taluk, Mysuru District. The petitioner has also challenged Form No.10 dated 19.02.2002 issued by the Tahsildar in respect of the order which was allegedly passed on 17.06.1976. The petitioner also sought the relief for mutating the revenue records in relation to the said properties in favour of the presiding deity and for striking off the names of the respondent Nos.6 to 45 from the revenue records.

6. The respondent No.6 is one of the persons in whose favour allegedly the occupancy rights were conferred by the Land Tribunal vide order dated 17.06.1976. The respondent Nos.7 to 44 are said to be the legal heirs of three other persons being Hanumaiah @ Cheeyappa who died on 06.11.2006, Kempaiah @ Kempe Gowda who died on 06.01.1999and Puttuswamy who died on 15.11.2012 in whose favour, along with the respondent No.6, the Tribunal issued the order dated 17.06.1976 conferring the occupancy rights under Section 48A of the Karnataka Land Reforms Act , 1961 (hereinafter referred to as 'the Land Reforms Act').

7. The respondent Nos.6 to 44 had executed a registered Sale Deed dated 28.05.2024 purporting to convey the aforesaid lands in favour of the respondent No.45.

8. A complaint was received by the Deputy Commissioner, Mandya on 12.10.2023 bringing to his notice that the temple was endowed with the lands in Sy.No.396 measuring 4 acres 21 guntas, Sy.No.397 measuring 4 acres 11 guntas, Sy.No.398 measuring 5 acres 12 guntas and Sy.No.399 measuring 5 acres 23 guntas all situated at Kesare Village, Mysuru Taluk, Mysuru District and that, certain land grabbers were attempting to usurp the said lands.

9. The Deputy Commissioner, Mandya, vide order dated 20.11.2023, constituted a Special Committee to look into and examine the ownership of the temple over the said lands and asked the Special Committee to submit a detailed report. The Special Committee comprised of Sub-Divisional Officer, Mandya, Sub-Divisional Tahsi