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1989 Supreme(Kar) 294

H.G.BALAKRISHNA
DYNA FOODS PVT. LTD. , DHARWAR – Appellant
Versus
FAKIRAPPA – Respondent


Advocates:
K.APPA RAO, P.VASUDEVA AITHAL, T.N.MANJULA DEVI

H. G. BALAKRISHNA, J.

( 1 ) THIS Writ Petition is directed against the impugned order of the Tahsildar, Dharwar, who is respondent-3 herein, dated 17-9-1988 resuming the land in question under Ss. 5 (3) and 5 (4) of the Karnataka Village Offices Abolition Act, 1961 and ordering restoration of the land under S. 7 (3) (a) of the Act to respondents-1 and 2.

( 2 ) ARGUMENTS were advanced at length by both the learned counsel for the petitioner and respondents-1 and 2. The point which arises for consideration in this Writ Petition is whether the impugned order is justifiable in the facts and circumstances of the case, and whether respondent-3 has acted without jurisdiction.

( 3 ) THE petitioner is a Company represented by its Managing Director by name Ramesh S. Subbaiah Bolar. The land in question measuring 4. 06 acres situate in Sattur village in Sy. No. 94/ 1 was originally seth sanadi inam land and was with respondents-1 and 2 as inamdars. After the Act came into force, the land stood resumed to the State Government. In the year 1974, it appears, an order of regrant was made in favour of respondents-1 and 2. Thereafter under a different enactment, the land was permitted to be converte

















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