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1998 Supreme(Kar) 41

A.M.FAROOQ
M. RAMAKRISHNA BHAT – Appellant
Versus
TAHSILDAR, PUTTUR, DAKSHINA KANNADA – Respondent


Advocates:
S.S.Guttal, S.S.Sripathy

A. M. FAROOQ, J.

( 1 ) IN this writ petition, the petitioner has sought for issue of writ of certiorari to quash the order dated 19-3-1982 issued by the Tahsildar, puttur and the order dated 25-10-1990 passed by the second respondent, the Revenue Inspector and the order dated 7-7-1990 passed by the Village accountant. The petitioner in this writ petition has raised an important question of law as to whether the Wargdar who is enjoying kumki land appertaining to the Wargland could be said to be an unauthorised occupier of the said land and can fine be imposed upon him under Section 94 of the Karnataka Land Revenue Act, hereinafter referred to as 'the Act'.

( 2 ) IT is the case of the petitioner that he is the owner of the Warg lands sy. Nos. 258, 258/5-B, 257/2, 267/3, 267/4-A, 267/6-A, 268/b, 268/4-A3 and 270/1-A3 of Nidpalli Village, Puttur Taluk. For the above Warglands, AW lands bearing Sy. Nos. 268/4-A2 and 270/1-A2 form kumki lands. It is stated that the petitioner has been making use of the said kumki lands for the cultivation of his warg land and according to the petitioner, the warg lands have been granted to him several years back and in view of the ancientness of the gran












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