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2011 Supreme(Kar) 64

N.KUMAR, S.N.SATYANARAYANA
Lokayya Poojary – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Sri S.P. Shankar, Senior Counsel, for Petitioner;
Sri R. Rajagopalan, for Respondent-3;
Government Advocate for Respondent-1 and 2

JUDGMENT

N. Kumar, J.

Three Division Benches of this Court in

(1) Hosabayya Nagappa Naik and Others Vs. State of Karnataka and Others, 2002 (3) Kar. L.J. 53;

(2) S.C. Chandrappa Vs. State of Karnataka, Secretary to Government and Others, (2005 (4) KCCR 2299): ILR 2005 Kar 3637; and

(3) Sri Aboobakkar Vs. The Authorised Officer under Section 77A of the KLR Act (H.Q. Assistant to the Deputy Commissioner, D.K.J Puttur and Anr., 2007 (2) KCCR 817

have held that the Government records should reflect the factum of vesting of the land in the State, to attract the provisions of Section 77A of the Karnataka Land Reforms Act (for short hereinafter referred to as the Act) as amended by Act 1997. The correctness of the interpretation placed on Section 77A by the aforesaid three Division Benches is doubted by the learned single Judge. The learned Single Judge has expressed the view that this aspect requires reconsideration by a Larger Bench of this Court. Accordingly, this reference is made to the Full Bench by the learned Chief Justice.

2. It is not necessary to advert to the facts of any of these eases, as we are concerned with only the question of law. It is clear from the order of reference that










































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