- 1 - NC: 2025:KHC:16677 WP No. 13485 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13485 OF 2024 (KLR-RES) BETWEEN: BADRIYA JUMMA MASJID KANA, HOSABETTU MANGALORE TALUK DAKSHINA KANNADA - 575014. REPRESENTED BY ITS PRESIDENT SRI MOHAMMED A/A 48 YEARS S/O SYED BAVA …PETITIONER (BY SRI. I. THARANATHA POOJARY, SENIOR ADVOCATE FOR SMT. VEENA T.N., ADVOCATE) AND: 1. SMT. MAMATHA W/O KARUNAKARA A/A 51 YERS R/A 62, THOKURU VILLAGE JOKETTE POST, MANGALORE TALUK DAKSHINA KANNADA - 575011. 2. KRISHNA S/O BHOJA POOJARY AGED MAJOR 3. RUDOULPH LUVIS D'SOUZA S/O LATE BACTISH D'SUOZA AGED AMJOR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16677 WP No. 13485 of 2024 4. SHARMILA SHALET PINTO D/O JULIANA D'SOUZA AGED MAJOR 5. ALOYSIUS B MONTEIRO C/O VALERIAN MONTERO AGE MAJOR 6. BHOOJA MOOLYA S/O BOGGU MOOLYA AGED MAJOR 7. SANDRA SANTA MONTEIRO W/O JEEVAN SUBHASH D'SOUZA AGED MAJOR 8. LIGORI D SOUZA S/O LATE RAFFAEL D SOUZA AGED MAJOR 9. SURENDRA S/O LATE VENKAPPA MOOOLYA AGED MAJOR 10. CHINDANA POOJARY S/O NARAYAN POOJARY AGED MAJOR 11. BAPIST PEREIRA S/O RAYMOND PEREIRA AGED MAJOR 12. AGNES D SOUZA W/O LATE HENRI D SOUZA AGED MAJOR 13. WILFRED CUTINHA S/O LATE MATHAIS AGED MAJOR 14. LUCY MACAREHNAS S/O LAWRENCE MASCAREHNAS - 3 - NC: 2025:KHC:16677 WP No. 13485 of 2024 AGED MAJOR 15. PURUSHOTTAMA @ RAVI S/O GURUVAPPA POOJARY AGED MAJOR 16. LEELA W/O LATE RAVI AGED MAJOR 17. H.B. LOKESH S/O LATE BEERA GOWDA AGED MAJOR 18. ROBERT PINTO S/O CYRIL PINTO AGED MAJOR 19. BENET D SOUZA S/O LATE ALEX D SOUZA AGED MAJOR 20. LAWRENCE D SOUZA S/O LATE BASIL D SOUZA AGED MAJOR R2 TO R20 ARE R/AT NO. 62 THOKURU VILLAGE JOKATTI POST, MANGALORE TALUK DAKSHINA KANNADA-575011. 21. DEPUTY COMMISISONER MANGALORE DAKSHINA KANNADA - 575001. 22. ASSISTANT COMMISISONER MANGALORE DAKSHINA KANNADA - 575001. 23. TAHSILDAR MANGALORE TALUK DAKSHINA KANNADA - 575001. - 4 - NC: 2025:KHC:16677 WP No. 13485 of 2024 24. PANCHAYATH DEVELOPMENT OFFICER JOKKATTE VILLAGE PANCHAYATH MANGALORE TALUK - 575011. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R21 TO R23; SRI. DHANANJAY KUMAR, ADVOCATE FOR R1 TO R7, R9 TO R20; SRI. N. MAHALINGA BHAT, ADVOCATE FOR R4; R8 IS SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 3.5.24 PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL ON IA NO. 1 IN REVISION PETITION NO. 38/2024 FILED BY THE R1-20, IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by the grant of an interim order of stay by the Karnataka Appellate Tribunal (“KAT”). 2. Before the KAT, an appeal was preferred by the contesting respondents herein challenging the order of the Deputy Commissioner, by which the Deputy Commissioner had dismissed the challenge made to - 5 - NC: 2025:KHC:16677 WP No. 13485 of 2024 an order dated 27.08.2015 passed by the Assistant Commissioner, whereby the Assistant Commissioner had reserved an extent 0.38 cents of land in Sy.No.111/8 for the purpose of a burial ground in favour of the petitioner—Badriya Jumma Masjid. 3. This Court while entertaining this writ petition granted an interim order staying the order of the Land Tribunal on 21.05.2024. The said interim order has been in force for nearly one year now. 4. In my view, having regard to the fact that an interim order has been granted by this Court for the past one year, the appropriate process to be followed is to direct the KAT to dispose of the appeal within a period of two months from the date of receipt of a copy of this order. 5. Until then, the interim order granted by this Court shall continue to operate. 6. The writ petition is accordingly disposed of. - 6 - NC: 2025:KHC:16677 WP No. 13485 of 2024 7. In view of the disposal of the petition, the pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 73