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2002 Supreme(Kar) 49

D.V.SHYLENDRA KUMAR, M.F.SALDANHA
HOSABAYYA NAGAPPA NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
G.NAGARAJULU NAIDU, Geetha Devi, M.Papanna, Ravivarma Kumar

D. V. SHYLENDRA KUMAR, J.

( 1 ) IN these appeals the appellants seek for setting aside the order dated 20th March, 2001 of the learned Single Judge whereby the learned Single judge has dismissed Writ Petition Nos. 9477 to 9486 of 2001 which had been preferred by the appellants being aggrieved by the order dated 28-9-2000 passed by the 2nd respondent-Assistant Commissioner rejecting their applications made under Section 77-A of the Karnataka Land reforms Act, 1961 (hereinafter referred to as 'the Act' for short ).

( 2 ) THE appellants had filed the said applications under Section 77-A of the Act contending that they are the persons actually in possession and cultivation of the lands mentioned in their applications and that their forefathers had been cultivating these lands as tenants, that by ignorance due to illiteracy they had not made applications for conferment of occupancy rights under Section 48-A of the Act, that in view of introduction of Section 77-A by amending Act 23 of 1998 with effect from 1-11-1998 they have been enabled to sustain their rights as they are the persons who have continued to be in possession and cultivation of the same and as such the lands are required















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