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2012 Supreme(Kar) 449

K.Bhakthavatsala, MOHAN M.SHANTANAGOUDAR, B.Sreenivase Gowda
Ashok – Appellant
Versus
Pandurang – Respondent


Advocates Appeared:
Sri Anand L. Sandrimani, and Sri Santosh E. Rawoot, for Petitioner;
Sri Mahesh Wodeyar, Additional Government Advocate, Sri F.V. Patil and Sri Ahmed Ali Rahman, Advocate have also addressed arguments for/against the Petitioners.

ORDER

Dr. Bhakthavatsala, J:-

In view of the Order dated 31.5.2012 made in W P No.67926/2011 by Learned Single Judge, Hon'ble Chief Justice by his special Order dated 21.6.2012, has referred the following question to answer by this Larger Bench:

"Whether orders made under Section 136(2) of the Karnataka Land Revenue Act, 1964 (in short, 'the Land Revenue Act') by the Assistant Commissioner in appeals preferred against the orders made under sub-section (4) or entry certified under subsection (6) of Section 129 of the Land Revenue Act, are subject to revision by Deputy Commissioner under sub-section (3) of Section 136 of the Land Revenue Act?"

2. Brief facts leading to the Reference may be stated as under:

Petitioner filed the above Writ Petition under Articles 226 & 227 of the Constitution of India against the respondents, for quashing the Order in No.RTS/AP/109/09-10 dated 23.5.2011 at Annexure-C on the file of respondent No.3/Assistant Commissioner, Chikodi, and Order passed in No.RB/RTN113/2011-12 dated 12.10.2011 at Annexure-E on the file of respondent No.4/Deputy Commissioner, Belgaum.

It is the case of the petitioner that the land measuring 6 acres 22 guntas in Sy. No.191/3A situate











































































































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