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2003 Supreme(Kar) 565

V.G.SABHAHIT, H.G.RAMESH, N.K.JAIN
K. SHAM BHAT – Appellant
Versus
STATE OF KARNATAKA, SECRETARY, GOVERNMENT REVENUE DEPARTMENT – Respondent


Advocates:
B.M.Krishna Bhat, M.N.SHESHADRI, O.SHIVARAMA BHAT, S.S.Sripathy, SHETTY AND HEGDE, SRI MIRKAJE GANAPATH BHAT, UDAYA HOLLA

( 1 ) AS per Chief Justice a Division Bench of this Court vide Order dated 12. 7. 2000 has referred these Writ Appeals and Writ Petition to a Full Bench as there appears to be conflicting view between DEVAKUMARASHETTY and OTHERS vs STATE OF KARNATAKA AND OTHERS and state OF MYSORE vs K. CHANDRASEKHARA ADIGA AND another. As per the order of the Chief Justice dated 4. 3. 2003, the matter has been placed before Full Bench and has come before us on 8. 7. 2003.

( 2 ) THE point involved in these Writ Appeals, Writ Petition and connected matters is:whether the Deputy Commissioner in exercise of his delegated power under Section 79 (2) of the Karnataka Land revenue Act, 1961, (hereinafter called the `act ) could withdraw the privileges in respect of `kumki rights exercised by any person?

( 3 ) AS the point in issue is identical and common in Writ Appeals and Writ Petitions as agreed, it is decided by this common Order.

( 4 ) IN order to appreciate the question referred for decision, we would refer to facts in W. A. No. 7594/1999. Polya Krishna Bhat was the owner of the land comprised in sy. No. 138/5 of Kabaka Village since time immemorial Kumki land bearing Sy. No. 138/3a1 was attached to




















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