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2015 Supreme(Kar) 770

ASHOK B.HINCHIGERI
Managing Director, Karnataka State Coir Development Corporation Limited – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant :Srinivas V., Advocate
For the Respondents:B.P. Radha, High Court Government Pleader and J.S. Halashetti, Advocate

ORDER :

Ashok B. Hinchigeri, J.

1. The petitioner has called into question the order dated 9-12-2014 (Annexure-F) passed by the second respondent-Deputy Commissioner dismissing the petitioner's application filed under Section 6 of the Karnataka Village Offices Abolition Act, 1961 ('KVOA Act' for short). The facts of the case in brief are that one Venkatesh, brother of the respondent 4 had availed of financial assistance from the KSFC. He had mortgaged the Site bearing No. 119 measuring 26 guntas carved out of the land at Survey No. 402/1 of Mangalvarpet Village, Channapatna Taluk. On account of his committing default in the payment of the amounts, the said property was brought to auction. The petitioner is an auction purchaser. KSFC executed the sale deed, dated 22-12-1993 (Annexure-A) in favour of the petitioner. The petitioner claiming to be the owner of 10 guntas standing at adjoining Survey No. 403 filed an application under Section 6 of the KVOA Act for the re-grant of the land. On the said application being turned down by the Deputy Commissioner, this petition is filed.

2. Sri Srinivas V., the learned Counsel for the petitioner submits that going by the boundaries as shown by th









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