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1971 Supreme(SC) 394

A.N.RAY, D.G.PALEKAR, S.M.SIKRI
H. H. SHRI VISHWESHA THIRTHA SWAMIAR – Appellant
Versus
State Of Mysore – Respondent


Judgment

SIKRI

( 1 ) SEVEN writ petitions were filed in the Mysore High Court under art. 226 of the Constitution challenging the validity of the Mysore Land Revenue (surcharge) Act, 1961mysore Act XIII of 1961-as amended by Mysore Acts 1 and 31 of 1963, as being ultra vires the Constitution. Some of the petitioners were from South Kanara District, and some from Bellary District, which were part of the Madras State prior to the re-organisation of States, Some petitioners were from the Karnatak area of the then Bombay State. The High Court held that the Acts were within the compatence of the Mysore Legislature and did not violate Arts. 14, 19 or 31 of the Constitution.

( 2 ) THERE are six appeals before us but the learned counsel for the appellant gave us facts relating to writ petition arising from South Kanara district only. It is common ground that if the High Court judgment on the writ petition arising from South Kanara district is upheld, the other appeals must also fail.

( 3 ) IN writ petition No. 1137 of 1963, which is concerned with lands in South Kanara district, the facts in brief are these. The petitioner mutt, which is appellant before us, owned immovable properties in the






























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