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2022 Supreme(SC) 464

L. NAGESWARA RAO, A. S. BOPANNA
State of Karnataka – Appellant
Versus
G. Ramanarayana Joshi – Respondent


Advocate Appeared:
For the Appellant :Nikhil Goel, AAG V. N. Raghupathy, Advocates
For the Respondent:Raghavendra S. Srivatsa, Manmohan P.N., Venkita Subramanian T.R., Likhi Chand Bonsle, Komal Mundhra, Advocates

JUDGMENT :

A.S. Bopanna, J.

Leave granted.

2. This appeal is directed against the judgment dated 17.07.2019 passed by the High Court of Karnataka at Bengaluru in Writ Appeal No. 2319 of 2018 (KLR-RES). Through the said judgment, the Division Bench has dismissed the appeal filed by the appellants herein. The intra-court appeal before the Division Bench was filed by the appellants, assailing the order dated 13.09.2017 passed by the learned Single Judge of that Court, in W.P. No. 46003/2013 (KLR-RES). The learned Single Judge had allowed the writ petition filed by the respondent herein and had quashed the communication that was impugned at Annexure M and N to the writ petition. Consequently, direction was issued to the appellants herein to withdraw the land belonging to the respondent which was transferred to the Forest Department and restore the same to the appellant in terms of sub-rule (2) to Rule 119 of the Karnataka Land Revenue Rules, 1966 (for short, 'Rules 1966').

3. The brief facts necessary to be noted for the disposal of this appeal are; the respondent claims to have succeeded to the property bearing Survey No. 170 measuring 45.01 acres situated in Horanadu village, Kasaba Hobl


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