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2005 Supreme(Kar) 339

S.R.NAYAK, V.JAGANNATHAN
S. C. CHANDRAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.M.KRISHNA BHAT, DESHRAJ, SANJAY GOWDA

S. R. NAYAK, J.

( 1 ) THIS writ appeal arises out of an application made by the appellant herein in Form 7-A under Section 77-A of the Karnataka Land Reforms act, 1961 (for short, the Act' ). The appellant claiming to be the tenant of agricultural lands comprised in Survey No. 263/3 measuring 11 guntas, survey No. 263/4 measuring 3 guntas, Survey No. 326/1 measuring 10 guntas and Survey No. 335/6 measuring 18 guntas, all situate in siddaghatta Village, KR. Pet Taluk, Mandya District made an application in Form 7-A under Section 77-A of the Act. The Assistant Commissioner, pandavapura Sub-Division who is the original authority, having conducted an enquiry by his order dated 17-7-2003 dismissed Form 7-A application filed by the appellant. Being aggrieved by the said order of the Assistant commissioner, the appellant preferred Appeal No. 951 of 2003 to the karnataka Appellate Tribunal, Bangalore (for short, 'the Tribunal' ). The tribunal, placing reliance on the judgment of the Division Bench of this court in the case of Hosabayya Nagappa Naik and Others v State of karnataka and Others, and having opined that the three conditions necessary for granting relief under Section 77-A of the











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