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1974 Supreme(Online)(Kar) 9

KARNATAKA HIGH COURT
M. S. Nesargi, J.
State of Mysore v. Sri Murarao Narasinga Rao Muthalik Desai


1. The State has filed this writ petition praying for issue of an appropriate writ, order or direction calling for the records and proceedings in Petition No. 227/1966 and Case No. 2940 of 1965 on the file of the then Mysore Revenue Appellate Tribunal, Bangalore, (to be hereinafter referred to as the Tribunal), and quashing the order dated 8-11-1967 passed thereon by the Tribunal.

2. This matter arises out of the provisions of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (to be hereinafter referred to as the Jagirs Abolition Act) under which the appointed date was 1-8-1954.

3. The necessary facts are that respondent - 1 was a jagirdar under the Jagirs Abolition Act. The jagir village held by him was a 'proprietary jagir village' under the Jagirs Abolition Act. The lands in question are grazing lands where grass is naturally grown, and situated in this village. They were, on the appointed date, in actual possession of respondent - 1 as provided in S.5(1)(b) of the Jagirs Abolition Act. Respondent - 1's name came to be entered as an 'occupant' under the Jagirs Abolition Act, in the record of rights. Certain objections were raised by certain members of the publ












































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