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2011 Supreme(Kar) 78

D.V.SHYLENDRA KUMAR
Ganga Naika – Appellant
Versus
State Of Karnataka, Represented By Its Secretary, Revenue Department, Bangalore – Respondent


Advocates appeared:
For the Petitioners:M/S. N.R. Naik & Associates, Advocates.
For the Respondents: R1 to R4 - R. Om Kumar, AGA.

Judgment

1. Writ petitions by persons, who claim interest in agricultural land to an extent of 2 acres 37 guntas of land in Sy.No.66/2 of G. Shankaranahalli Village, Kasaba Hobli, Arasikere Taluk, Hassan District, as past and present owners, as the 1st petitioner who had claimed interest in the land initially by way of purchasing an extent of 4 acres in the said survey number under a sale deed dated 28.6.1970 having not enforced his right under the sale deed, but later claiming interest a tenant under the 5th respondent Sri Hunya Naika S/o. Ganga Naik had obtained occupancy rights in the land to an extent of 2 acres 37 guntas of land under the provisions of Karnataka Land Reforms Act, 1961, (hereinafter referred to as ‘the KLR Act’) by making an application in Form No.7 and having been granted occupancy rights as per order dated 16.07.1979 passed by the 4th respondent – the Tahsildar, Land Tribunal, Arasikere, (copy produced as Annexure-A to the petition) and having in turn sold this land in favour of petitioners 2 and 3 under sale deed 17.12.2008 purporting to be after the expiry of 15 years from the date of order of the Land Tribunal and the 2nd and 3rd petitioners now claim owner



















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