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2009 Supreme(Kar) 125

N.K.PATIL, ARALI NAGARAJ
Shivananda Gurusiddappa – Appellant
Versus
The Deputy Commissioner – Respondent


Advocates Appeared:
For the Petitioners:F.V. Patil, Dinesh M. Kulkarni, Advocates.
For the Respondents:R1 to R4 - C.S. Patil, AGA, R5 – Chandan S. Rao, Advocate.

JUDGMENT

1. The appellants, being aggrieved by the order dated 25th August 2004 passed in W.P.Nos.33888-91/2004 and to allow the said writ petitions, have presented these writ appeals.

2. The undisputed facts of the case are that, the 5th respondent herein had filed writ petition before this Court in W.P.No.9836/1995 and the said writ petition had been disposed of by this Court on 5th February 1997. Assailing the correctness of the said order, 5th respondent had filed a Writ Appeal before this Court in W.A.No.4663/1997 and the said writ appeal had been disposed of by the Division Bench of this Court on 1st April 1999 with a direction to the Forest Department to verify and find out as to whether the land in question granted/regularised in favour of the appellants herein by the Regularization Committee is the forest land or not and if it is not a forest land, then there is no necessity of cancellation of the grant and liberty has been reserved to the Forest Department to take action in accordance with law. In compliance of the directions issued by the Division Bench of this Court and in the light of the communication forwarded by the Forest Department to the jurisdictional authority,















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