Manjunath, J.

Petitioners in these two petitions are claiming to be the owners of different extent of lands in Sy.No.57/2, 57/1, 54/1 and 55 of Nagavara village are challenging the legality and correctness of the action of the Government in extinguishing the existing cart-track between Sy.No.51 to 60 of Nagavara village by invoking its powers under Sec.68(1) and (5) of the Karnataka Land Revenue Act (hereinafter referred to as `The Act') and thereafter granting extinguished cart-track area to R-4.

2. According to the petition averments, they are the residents of Nagavara village. Aforesaid lands are agricultural lands and a cart road running between Sy.Nos.55 to 60 is the only access to their agricultural land and that the said cart road was being used from time immemorial and that the same was never extinguished and that the Government behind the back of the petitioners and other villagers at the instance of R-4 has notified for extinction of cart track as if the same is not in use and the same is disused and existence of such cart-track is of no use for the public and without issuing any notice to the adjoining owners and more particularly to the petitioners has notifi