K.L. Manjunath, J. - (1.) THE legality and correctness of the order passed by the learned Single Judge in W.P. No. 6971/2008, dated 26.05.2008, is called in question in this petition.
(2.) WE have heard the learned Senior Counsel for both the parties. The appellant was the petitioner in W.P. No. 6971/2008, which was filed by him challenging the order passed by the Karnataka Appellate Tribunal, Bangalore, dated 20.03.2008, passed in Appeal No. 341/2007. The said appeal was filed by respondent no. 3, Sri. Ameer Pasha, challenging the order passed by the first respondent -Special Deputy Commissioner, dated 05.03.2007 in case No. INA. CR. 19/2000 -2001.
(3.) THE facts leading to his appeal are as hereunder: The third respondent -Sri. Ameer Pasha, claiming to be a tenant under the fourth respondent -mosque in respect of 10 acres of land situated in survey No. 209/10 and survey No. 126/3 of Varthur village made an application before the Land Tribunal, Bangalore in Form No. 7 claiming to be a tenant of the mosque in LRF No. 129/1974 -74. The Land Tribunal, Bangalore by its order dated 07.08.1975, granted the occupancy rights in favour of the third respondent, which order was questioned by the fourth respondent -mosque before this Court in W.P. No. 6576/1975. By an order dated 10.01.1983, the writ petition came to be allowed. The matter was remanded to the Land Tribunal for fresh consideration in accordance with law.;