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1988 Supreme(Kar) 483

M.RAMAKRISHNA RAO
SHYAMA NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
K.SRINIVAS GOWDA, T.UMASHANKAR

RAMAKRISHNA, J.

( 1 ) THE petitioner, in this writ petition, has called in question the correctness and legality of the orders passed at Annexures-A and B by the Assistant Commissioner and the Deputy Commissioner, respondents 2 and 3 herein respectively.

( 2 ) THE undisputed facts as disclosed from the impugned orders as well as the pleadings of the writ petition are that 1 acre 28 guntas of land in Sy. No. 748 of Sakrepatna village, Kadur Taluk, Chickamagalur District, was granted in favour of Krishna Naika, husband of respondent-4 Parvathi Bai, by the competent authority under the then Darkast rules, in proceedings No. GMSC. R. 22/55-56. Accordingly, a saguvali chit also came to be issued on 21-12-1956 under certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of 15 years from the date of grant. However, the granted land came to be sold in favour of the petitioner by a registered sale deed dated 24-12-1963 for valuable consideration. It is the case of the petitioner that ever since the date of sale, he has been in possession and enjoyment of the said land.

( 3 ) AFTER coming into force of the Karnataka scheduled Castes and S








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