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1995 Supreme(Kar) 7

G.C.BHARUKA
A. E. DAKSHAYANAMMA – Appellant
Versus
KARNATAKA APPELLATE TRIBUNAL – Respondent


Advocates:
B.RUDRA GOWDA, H.H.Kaladagi, M.R.RAJAGOPAL

G. C. BHARUKA, J.

( 1 ) THE question involved in this case is as to whether the Deputy Commissioner has any authority under the provisions of the Karnataka Land Revenue Act, 1964 (in short, the Act) and the Karnataka Land Grant Rules, 1969 (in short, the Rules) to annul the grant of any land made by Tahsildar in gross disregard of the relevant Rules.

( 2 ) THE relevant undisputed facts giving rise to the question involved may be stated in short: the respondent-Tahsildar by his order dated 15-7-1978 granted 1 acre 2 gunthas of land out of Survey No. 36 of Sanyasikodamogge village and issued Saguvali Chit on 25-7-1978. This land was under the unauthorised cultivation of one Rudrappa. He being a sufficient holder and not being authorised for regularisation in terms of Order No. 105 AGP77 dated 1/09/1977 was evicted from the land immediately thereafter without following the statutory procedure. This order as noticed by the Deputy Commissioner in his order Annexure-A does not speak as to whether the land was regularised under the aforesaid Government Order or had been granted under the provisions of the Rules. The Deputy Commissioner having learnt about the said fact initiated an enquiry












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