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2001 Supreme(Kar) 272

ASHOK BHAN, D.V.SHYLENDRA KUMAR
B. UMESH SHENOY – Appellant
Versus
SPECIAL DEPUTY COMMISSIONER, SHLMOGA DISTRICT – Respondent


SHYLENDRA KUMAR, J.

( 1 ) THIS Writ Appeal is filed under Section 4 of the Karnataka High court Act, 1961 against the order dated 30. 7. 1999 passed in w. P. No. 21346/94 whereby the learned Single Judge dismissed the writ Petition and confirmed the order dated 23. 3. 1994 passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No. 485/1987,

( 2 ) THE brief facts leading to this appeal are that the appellant-petitionerwas an applicant for grant of 10 acres of land in S. No. 20 of Bukkalapura village, Thirthahallj Taluk, for the purpose of Rubber plantation. It is the case of the appellant-petitioner that such application had been made in the year 1987 and had been made under Rule 16 of the Land Grant Rules, 1969 (hereinafter referred to as 'the Rules' for short ). The appellant has further pleaded that s. No. 20 of Bukkalapura village measures an extent of approximately 147 acres 11 guntas and the said land is a soppina betta' and is available for grant for needy persons.

( 3 ) IT is also averred that the village in question has surplus gomallands and 'soppina betta' and is available for grant. It is pleaded that the State Government, by its Circular dated 14. 10. 1970, h

































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