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2014 Supreme(Kar) 323

N.K.PATIL, PRADEEP D.WAINGANKAR
T. Nagaraj – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellants:H. Mohan Kumar, Advocate.
For the Respondents:R1 to R3, D. Ashwathappa, Aga, R4 to R6, B.M. Siddappa, Advocate.

Judgment

1. This Writ Appeal is filed by the appellants questioning the validity and correctness of the order dated 23.06.2011 passed by the learned Single Judge in Writ Petition No.5370/2008.

2. Brief facts which gave rise to this Writ Appeal are as under:

The land bearing old Sy.No.38, New Sy.No.208, measuring 22 acres of Nagaramgere Village, Kasaba Hobli, Challakere Taluk, Chitradurga District was granted to one Polaga alias Polanna, S/o Maranna by the Government under Grow More Food Scheme in 1943 on lease for a period of 10 years being a member of Scheduled Caste. The grant was confirmed by order dated 13.10.1952 by the Deputy Commissioner, Chitradurga vide D.Dis.M4.Spl.DR.No.34/52-53. Vide R.R.No.941 it was mutated in the name of Polaga in revenue records. On 05.03.1963, 11 acres of land out of 22 acres was transferred into the name of one Thippaiah alias Doddathippaiah S/o Honnurappa, the father of the appellant by 'Vargavargi'. Accordingly, vide R.R.No.1260, the name of Doddathippaiah was mutated in the revenue records for an area of 11 acres out of 22 acres in the aforesaid survey number. It appears that another 3 acres of land had been transferred by the wife of Polaga i











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