Writ petitioner challenged Land Tribunal order rejecting claim to Poonja land. Court upheld Tribunal finding that no evidence showed tenants cultivated the land at relevant time.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.124/2013 (LR)
BETWEEN:
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5(b) SMT.SHARADA, W/O CHANDRA POOJARY, AGED ABOUT 40 YEARS,
ALL ARE R/AT HAKKALAMANE, KADAMARU, TALLU VILLAGE, THALLUR POST, KUNDAPURA TALUK, UDUPI DISTRICT – 576 230. ALL THE PETITIONERS REPRESENTED BY THEIR GPA HOLDER RAMESH, S/O LATE VENKATA POOJARY, AGED ABOUT 36 YEARS, R/AT NO.1, GROUND FLOOR, 1ST CROSS, DURGA LAYOUT, VIDYARANYAPURA, BANGALORE – 560 097.
… PETITIONERS
(BY SRI.T.HAREESH BHANDARY, ADV.)
AND:
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2(a) VIVEK K KAMATH, S/O LATE VISHNU KAMATH, AGED ABOUT 44 YEARS, R/AT FLAT NO.908, B WING, 8TH FLOOR, RAMASRIDHAR BANK OFFICERS CO-OP. HOUSING SOCIETY, JOGESHWARI, BOMBAY EAST – 400 060.
2(b) UDAYA V KAMATH, S/O LATE VISHNU KAMATH, AGED ABOUT 42 YEARS, R/AT “SRIDEVI”, FLAT NO.7, HINDU VENDSE ROAD (HVS ROAD), JOGESHWARI EAST, MUMBAI – 400 060.
… RESPONDENTS
(BY SRI.SESHU V, HCGP FOR R1; R2(a) AND R2(b) ARE SERVED AND UNREPRESENTED; SRI.ANIL KUMAR SHETTY, ADV., FOR SRI.SHAKER SHETTY S., ADV., FOOR R3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.11.2010 PASSED BY THE FIRST RESPONDENT IN SO FAR AS THE PORTION, REJECTING THE CLAIM OF THE PETITIONERS IN RESPECT OF LAND IN SY.NO.111/3 OF THALLURU GRAMA, KUNDAPURA TALUK VIDE ANNEXURE-E.
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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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at the relevant point of time, it would not be permissible for the Land Tribunal to grant the said Poonja land in their favour.
Accordingly, the writ petition is rejected .
Sd/JUDGE
GH
1 issue framed by the court
Whether to quash the Land Tribunal order rejecting the petitioners' claim to Poonja land (Sy.No.111/3) for lack of cultivation evidence.
Sheena Poojary and others
Land Tribunal Kundapur and others
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
