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2007 Supreme(Kar) 453

MOHAN M.SHANTANAGOUDAR
M. D. RAMAKANTH RAO – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
Sri R.B. Sadashivappa, Advocate for Petitioner;
Sri Narayanappa, Additional Government Advocate for Respondents-1 and 3;
Respondent-2 deleted V.C.O. dated 26-6-2003;
Sri L. Mallesh, Advocate for Respondents-4 and 5.

ORDER

The petitioner filed application in Form 7-A under the provisions of Section 77-A of the Kamataka Land Reforms Act, 1961 praying for grant of occupancy rights over the lands bearing Survey Nos. 191/1, 216/1 and 217/1, measuring 2 acres 5 guntas, 2 acres 8 guntas and 2 acres 22 guntas respectively, situated at Chikkamaralavadi Village.

2. The application came to be dismissed by the Assistant Commissioner in respect of Survey Nos. 216/1 and 217/1 and whereas, the application in respect of Survey No. 191/1 was allowed. Challenging the rejection of the application in respect of Survey Nos. 216/1 and 217/1, the petitioner herein filed Appeal No. 674 of 2002 before the Kamataka Revenue Appellate Tribunal, Bangalore. The appeal came to be dismissed by the order dated 28th March, 2003. Hence, this writ petition is filed.

3. ,The orders of both the authorities below insofar as they relate to the rejection of the application filed by the petitioner in respect of Survey Nos. 216/1 and 217/1, are against the material on record. Both the authorities below have reasoned that the entries in the revenue records did not stand in the name of the petitioner immediately prior to 1-3-1974 and that t
















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