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2009 Supreme(SC) 904

ARIJIT PASAYAT, ASOK KUMAR GANGULY
State of Karnataka – Appellant
Versus
Y. Moideen Kunhi (dead) by Lrs. – Respondent


Appearing Advocates:
For the Appellant:Sanjay R. Hegde, Advocate. For the Respondents: ----

Judgement Key Points

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Judgment :

Dr. Arijit Pasayat, J.

1. The special leave petitions are directed against the judgment and order dated 7.11.1990 in Writ Petition No.40425 of 1982 and Writ Petition No.10920 of 1983 and order dated 26.9.2007 in Review Petition No.817 of 2004 passed by a learned Single Judge of the Karnataka High Court. It appears that there is a delay of more than nearly 6500 days against the original order and about 300 days so far as the review petition is concerned.

2. Before dealing with the question of delay it is necessary to take note of the States case before the High Court.

3. The records disclose that the agricultural lands to the extent of 50.89 acres, 30.00 acres, 462.00 acres, 3485.83 were purchased through registered partnership firm M/s Y. Moideen Kunhi & Company. All the lands are sub-divisions of Sy. No.146 of Neriya Village, Puttur Taluk.

4. The declaration under Section 66 (4) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the `Act) was filed by the three partners of the firm i.e.. respondent Nos. 1,2 and 3 herein for determination of the excess holding. In the very declaration it is stated that the lands being the plantation lands, are exempted un

































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