K.SHREESHA UPADHYA Vs. HINDU RELIGIOUS INSTITUTIONS

JUDGEMENT

(1.) Sri Vishwajith Shetty, learned counsel appearing for the petitioners has fairly submitted that prayer Nos.(i) to (iii) are not being pressed and he would confine the arguments to prayer No.(iv) as sought for in the writ petition, which reads as under:

(2.) The relevant background aspects of this matter could be taken note of as follows: The Land Tribunal, Udupi, on the strength of the application filed by the respondent No.5 for grant of occupancy rights in Sy.No.128/25 measuring 14 cents in Shivally Village, adjudicated the said claim after issuing notice in Form No.8, which had been pasted on the Notice Board of Village Panchayat and Taluk Office; and held that the applicant was a tenant of the subject land for about 25 years and ordered for grant of occupancy rights by the order dated 01.08.1981 (Annexure-C).

(3.) The contention of Sri Vishwajith Shetty, learned counsel appearing for the petitioners is that, the respondent No.5 was Managing Trustee of the temple - "Kadiyali Sri Mahishamardhini Temple, Kadiyali, Udupi", and by misusing his position, he had got declared himself as an occupant of the said land and as such, the impugned order of the Tribunal is liable to be set aside. It is further contended that the respondent No.5 committed several misdeeds and malpractices in the management and affairs of the temple.