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2002 Supreme(Kar) 313

N.K.JAIN, S.N.KUMAR, V.G.SABHAHIT
NARASAREDDY – Appellant
Versus
DEPUTY COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR – Respondent


Advocates:
B.Avand, B.M.SIDDAPPA

N. K. JAIN, C. J.

( 1 ) THIS reference has been placed before the Full Bench as per the order of the Hon'ble Chief Justice dated 1-4-2002 and has come up before us. A learned Single Judge of this Court has referred this matter as per order dated 23-6-1999 to the larger Bench formulating the following questions. 1. What is the meaning of expression date of grant for the purpose of computation of the period of prohibition against alienation under Rule 43 (6-A) of the 1958 Rules as amended after january 20, 1958 or in Rules of 1956 (Rule 43 (6-A) or Rule 43-A (3a) of the Rules) as operative from January 18, 1956 or as used in Rule 43 (8) of the Rules operative from 4-8-1956? 2. Whether correct proposition of law has been laid down by the division Bench of this Court in the case of Laxmamma v State of karnataka and Others, vide observations in paragraphs 75 and 76 or that it has been correctly laid down in the cases of Karappa bovi v Special Deputy Commissioner, Mysore and Others and hanum. anna v Machappa and Others?

( 2 ) BRIEF facts leading to the order of reference are. Land bearing Sy. No. 83/3 measuring 5 acres of Gudihalli Village was granted to one Marappa on 24-3-1960. The said














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