CHIDANANDA ULLAL, J.

( 1 ) THIS writ petition is directed against the order dated 23/25-10-1991 passed by the respondent 1, Assistant commissioner, Bijapur Sub-Division, Bijapur in Case No. LRM: cr:27:91-92, copy as at Annexure-C to the writ petition. In passing the said order, the Assistant Commissioner while setting aside the ME. No. 192, held that the land had vested under section 45 (3) of the Land Reforms Act, in pursuance whereof, the auction was also directed to be taken under Section 77 of the land Reforms Act.

( 2 ) I heard the learned Counsel for the petitioner, Sri B. S. Patil. The respondent 1, State, respondent 2, Assistant commissioner and the respondent 3, Tahsildar, Bijapur are served with notices and they remained absent. Therefore, the learned High Court Government Pleader, Sri S. S. Guttal is directed to take notice for the said respondents. I have also heard him.

( 3 ) THE learned Counsel for the petitioner while taking me through the facts of the case submitted that an extent of 37 guntas of land in S. No. 603/21 of Sarawada village of Bijapur taluk owned by the petitioner was under cultivation of the petitioner and that at one point of time, the mutation entry

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