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1988 Supreme(Kar) 304

K.A.SWAMI
B. KARIYAPPA – Appellant
Versus
LAND TRIBUNAL, BHADRAVATHI – Respondent


Advocates:
K.SRIDHARAN, M.P.ESVARAPPA, S.Udayashankar

SWAMI, J.

( 1 ) IN these petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for a declaration that the endorsement dated 3rd March 1988 bearing No. B. S. Application 67/88 issued by the Circle inspector of Police, Bhadravathi (Annexure-C) is illegal and without jurisdiction.

( 2 ) BY the aforesaid impugned endorsement, the Circle Inspector, Bhadravathi has directed the petitioners not to enter upon the land bearing S. No. 91 measuring 2 acres 34 guntas of Koppa Village as the Land tribunal has recorded a finding in favour of resptondent -3 while rejecting the application filed in Form No. 7 by the petitioners and his possession is also supported by the entries in record of Rights. The endorsement is as follows :

( 3 ) IT is urged on behalf of the petitioners that the order dated 15-9-1987 passed by the land Tribunal, Bhadravathi in No. KLR. MA 2582/74-5, 255/71-5 and INA. 32/83-84 (Annexure-B) rejecting the application filed by the petitioners in Form No. 7 is challenged in the appeal before the Land reforms Appellate Authority and the appeal is still pending; that it is not open to the circle Inspector of Police or any Police officer to exercise










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