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1997 Supreme(Kar) 361

S.R.VENKATESHA MURTHY
MAHALINGA MANIYANI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
G.LAKSHMISH RAO, R.S.BHATIA, S.N.ASHWATHANARAYANA

S. R. VENKATESHA MURTHY, J.

( 1 ) THE petitioner herein who was an occupant of land as a tenant in sy. No. 290-1ap measuring one acre 24 cents and sy. No. 270-4b measuring 22 cents of bettampady village, puttur taluk, sought and obtained occupancy rights under the Karnataka Land Reforms Act in lryt 6055/74-75, dated 8-2-1988. The petitioner claims that sy. No. 281-1a measuring 3 acres out of 4 acres and sy. No. 270-3a measuring 75 cents out of 7 acres 15 cents constituted kumki to the land of the petitioner in sy. No. 290-1ap and he is entitled to the kumki privilege in these lands as provided by law. The petitioner apprehends that as per Annexure-B (circular issued dated 9-4-1992) the revenue department of the government of Karnataka has sought to issue a clarification regarding kumki privilege in dakshina kannada, to the effect that on the vesting of land under Section 44 of the Karnataka Land Reforms Act, the tenant who is conferred occupancy rights would not be entitled to kumki privilege. The petitioner who is aggrieved by the interpretation, sought to be given to sections 43 and 44 of the Karnataka land reforms act has preferred this writ petition seeking quashing of annexure-












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