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1996 Supreme(Kar) 586

P.VISHWANATHA SHETTY
VIJAYA MINES, MINERALS – Appellant
Versus
STATE OF KARNATAKA – Respondent


P. VISHWANATHA SHETTY, J.

( 1 ) THOUGH this petition is listed for preliminary hearing in 'b Group', with the consent of the learned Counsel for the petitioner and the learned High Court Government Pleader for respondents 1 to 3, it is taken up for final hearing and disposed of by this order. Respondent-4, though served, has remained absent. Notices to other respondents are dispensed with.

( 2 ) THIS petition is directed against order dated 3. 8. 1992, a copy of which has been produced as annexure-E, passed by the second respondent confirming order dated 25. 11. 1991, a copy of which has been produced as Annexure-D, passed by the third respondent declaring the transfer of land bearing Survey No. 301/2 situated at Ponnachi village, Kollegal Taluk, Mysore District, in favour of the petitioner, as null and void and further directing that possession of the land in question should be handed over to respondents 4 to 7, in exercise of the power conferred on him under section 5 (1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of transfer of Certain Lands) Act, 1978 (hereinafter referred to as "the Act. ' ).

( 3 ) SRI G. V. P. Das, learned Counsel appearing for the






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