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1971 Supreme(Kar) 225

CHANDRASHEKHAR, RANGE GOWDA
T. N. MEDAPPA – Appellant
Versus
STATE OF MYSORE – Respondent


Advocates:
H.R.Venkataramanaiah, K.S.Gowrishankar

CHANDRASHEKHAR, J.

( 1 ) PETITIONERS 1 to 6 were holders of a Bane land of an extent of 14. 90 acres in S. No. 142 of Valnur village, Somwarpet Taluk, Coorg District. Under a registered sale deed dated 14-10-1966, they sold that land to petitioner-7 for a sum of Rs. 20,000. On 16-10-1967 the Deputy Commissioner of Coorg (Respondent-2) issued a notice (Ex. B) to petitioners 1 to 6 intimating them that that land was sold without the previous permission of the Government and in contravention of the provisions of S. 45 of the coorg Land and Revenue Regulation, 1899 (hereinafter referred to as the regulation) and called upon them to show cause why action should not "be taken against them under S. 45 of the Regulation and the Rules issued thereunder (hereinafter referred to as the Rules ). Ultimately the Government, by its order dated 29-8-1968 (Ex-D), accorded ex-post facto sanction for the alienation of that land subject to payment of a Nazarana of 20% of the market value of that land (i. e. , Rs. 4,000 ).

( 2 ) IN this petition under Art. 226 of the Constitution, the petitioners have prayed for quashing: (i) the notice (Ex-B) dated 16-10-1967; and (ii) the order of the Government date









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