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1992 Supreme(SC) 513

S.MOHAN, M.N.VENKATACHALIAH, L.M.SHARMA
Guruputrappa Mallappa Harkuni: State of Karnataka – Appellant
Versus
Tahsildar: Narayanappa – Respondent


Advocates:
K.R.NAGARAJA, M.VEERAPPA MOILY, M.VIRAPPA, R.S.HEGDE, Sushila Shukla

JUDGMENT

MOHAN, J.:—In all these appeals the common question of law which arises is the scope of S. 5(3), as amended, of Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as the Act). Hence the appeals are dealt with under a common judgment.

2. It is enough if we note the facts briefly in Civil Appeal No. 3231 of 199 1. The land bearing Survey No. 187/2 measuring an extent of 13.21 acres of Anigaol village was Patilki Inam Land. The land was resumed to the Government under S. 4 of the Act with effect from 1st February, 1969. Ninganagouda Ramagouda Patil of Anigol was the holder of these watan lands. He filed an application dated 6-2-1968 for regrant of land. He also paid an amount equal to 3 times the assessment and health cess. The Assistant Commissioner Railhongal Division directed the regrant by an order dated 15-1-1968. Thereafter the papers were forwarded to the Tahsildar of Sampagaon for information and necessary action.

3. Ninganagouda Ramanagouda Patil sought sanction to alienate land as provided under S. 5(3) of the Act as it stood then. He also deposited an amount equal to 15 times the assessment of land as required. The Assistant Commissioner by his o














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