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1988 Supreme(Kar) 420

K.A.SWAMI
STATE OF KARNATAKA – Appellant
Versus
LAND TRIBUNAL, SORAB – Respondent


Advocates:
B.N.DAYANAND, S.UDYA SHANKAR

SWAMI, J.

( 1 ) IN this petition under Articles 226 and 227 of the Constitution, the petitioner - the state of Karnataka, has sought for quashing the order dated 21-9-1977 passed by the land Tribunal, In case No. TNC. 145/74-75 (Annexure-A ). The Tribunal has rejected the application filed respondent-2 on the ground that it has no jurisdiction to entertain the application as the Land bearing S. No. 45 measuring 6 acres 37 guntas of Hachye Village, sorab Taluk, is a Devadaya Inam Land governed by the Mysore (Religious and charitable) Inams Abolition Act, 1955 (hereinafter referred to as the Mysore Act ).

( 2 ) LEARNED High Court Government pleader, appearing for the petitioner, contends that having regard to Section 126 of the karnataka Land Reforms Act, 1961, (hereinafter referred to as the Act), the tribunal has jurisdiction to consider the application. In support of this contention he has placed reliance on a decision of this court in RAMAKRISHNA v LAND reforms TRIBUNAL, ramanagaram AND ANOTHER, [1977 (1) Kar. L. J. 334]. In the said decision it has been held as follows : order these are tenants writ petitions challenging the orders passed by the Land tribunal, Ramanagaram, direc






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