VENKATESHAPPA Vs. STATE OF KARNATAKA
LAWS(SC)-2008-3-39
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on March 10,2008

VENKATESHAPPA Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Challenge in this appeal is to the order of the Division Bench of the of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act . Challenge in the writ appeal was to the order passed by a learned Single Judge. The dispute relates to applicability of the Karnataka Land Reforms Act, 1961 (in short the 'Act') in the background of Mysore (Personal and Miscellaneous) Inam Abolition Act, 1954 (in short 'Inam Act') as amended by the Karnataka Inams Abolition Laws (Amendment) Act, 1979 (in short 'Amendment Act').
(3.) The factual controversy lies in a very narrow compass. Appellant had filed the writ petition no.32930 of 1996 which was disposed of by orders dated August 4, 2000 and August 24, 2000. By the latter order the following directions were given: "Even with regard to the question as to whether the lands in question are Inam lands or not, it is impossible for me to form a correct impression because each of the learned Advocates is making a different statement. The Tribunal shall first ascertain whether, the lands in question are imams lands and if the answer is in the affirmative, then the Tribunal shall forward the records to the Special Deputy Commissioner who shall give notice to the parties, hear them and decide the case. If however, the Tribunal does have jurisdiction in law to entertain the proceeding insofar as, if the lands are not inam lands then the Tribunal shall proceed to do so." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.