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2006 Supreme(Kar) 76

K.RAMANNA
SOMAYYA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Sriyuths K.S. Desai, Mahesh Desai and R.L. Patil, Advocates for Petitioners;
Sri R.K. Hatti, Government Pleader for Respondents-1 and 2;
Sri R. Nagendra Naik, Advocate for Respondents-3(a) to 3(c)

ORDER

This is a writ petition filed by the legal representatives of late Kollagonda challenging the order dated 29-7-2000 passed by the Assistant Commissioner, Bhatkal whereby the second respondent rejected the Form 7 filed by deceased Kollagonda to the remaining extent of 27 guntas of land out of Survey No. 343/1 situate at Kappa Village, Bhatkal Taluk. Therefore, assailing the said order he has come up with this writ petition only on the ground that the impugned order is contrary to law and without holding a proper enquiry, rejected the application saying that application filed under Section 77-A is not maintainable and the Tribunal is not justified in passing a cyclostyled order which is highly illegal and arbitrary and the Tribunal has not recorded the statement of the parties concerned. Without proper enquiry, the Tribunal rejected the application filed by the L.Rs. of late Kollagonda which is illegal and is in violation of the principles of natural justice and Article 14 of the Constitution of India. Hence, this writ petition.

2. Heard the learned Counsel for the legal representatives of the deceased petitioner/applicant, learned Counsel for respondents 3(a) to 3(c) and learn






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