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2021 Supreme(Kar) 876

RITU RAJ AWASTHI, SACHIN SHANKAR MAGADUM
CHANDRAHASA BHANDARY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
Pundikai Ishwara Bhat, S.S. Mahendra.

JUDGMENT :

1. The captioned appeal is filed assailing the correctness of the order dated 6.2.2021 passed by the learned Single Judge in W.P.Nos.50200-50205/2014.

2. The facts leading to the case are as under:

    The appellants are claiming Kumki rights in agricultural lands bearing survey No. 96/1A. The appellants claim that they are in possession and enjoyment of a certain portion of Survey No. 96/1 as kumkidhars and accordingly, they have submitted an application before the competent authority seeking regularization of their kumki rights. The appellants' claim that their applications are pending for consideration. This being the factual matrix, the Deputy Commissioner, Mangaluru, issued a notice on 13.1.2003 informing the appellants that kumki rights, if any, stand extinguished as it has resolved to form house sites in government lands to allot the same under Ashraya Scheme to the weaker sections of the society. The Deputy Commissioner under the said notice called upon the appellants to file their objections, if any. The appellants feeling aggrieved by the notice approached this Court by filing writ petition in W.P.8849-8858/2003, which was disposed directing respondent No. 2-Deputy Co

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