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Assistant Commissioner Order is Subjected to Revision Before Deputy Commissioner Under Karnataka Land Revenue Act 2012 Wp-67926-2011

Assistant Commissioner Order is Subjected to Revision Before Deputy Commissioner Under Karnataka Land Revenue Act 2012 Wp-67926-2011

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08/27/2012

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 IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 21
ST
DAY OF AUGUST 2012PRESENT
THE HON’BLE DR. JUSTICE K. BHAKTHAVATSALA
 AND
THE HON’BLE MR. JUSTICE MOHAN SHANTANAGOUDAR 
 AND
THE HON’BLE MR. JUSTICE B.SREENIVASE GOWDA
 
REFERENCE
IN
WRIT PETITION NO.67926/2011 (KLR-RR/SUR)
 BETWEENSri Ashok,S/o Venkaji Kulkarni,Age: 51 years,Occ: Agriculture,R/o Manjare,Tq. Chikodi,District: Belgaum. Petitioner(By Sri Anand L Sandrimani, Adv., andSri.Santosh B.Rawoot, Adv., for petitioner)AND1.
 
Shri Pandurang,S/o Dattu Mane,Age: 51 years,
 
2
Occ: Agriculture,R/o Manjare,Tq. Chikodi,District: Belgaum.2.
 
Shri Anant,S/o Venkaji Kulkarni,Age: Major,Occ: Agriculture,R/o Manjari,Tq. Chikodi,District: Belgaum,Now residing at Karanur,Ramkrishna Nagar,Tq. Kagal,District: Kolhapur,Maharashtra State.3.
 
The Assistant Commissioner,Chikodi.4.
 
The Deputy Commissioner,Belgaum. Respondents(Sri Mahesh Wodeyar, Addl. GA., Sri F V Patil, Adv., andSri Ahmed Ali Rahman, Adv., have also addressedArguments for/against the petitioner)- - -This Reference is made under Section 7 of the Karnataka HighCourt Act, 1961, to the Larger Bench.This Reference coming on for preliminary hearing, the samehaving been heard and reserved for pronouncement of Orders, Dr.Bhakthavatsala, J., made the following:
 
3
ORDER 
In view of the order dated 31.5.2012 made in W PNo.67926/2011 by learned single judge, Hon’ble Chief Justice by hisspecial order dated 21.6.2012, has referred the following question toanswer by this Larger Bench: “Whether orders made under section 136(2) of the Karnataka Land Revenue Act, 1964 (in short, ‘theLand Revenue Act’) by the Assistant Commissioner inappeals preferred against the orders made under sub-section (4) or entry certified under sub-section (6) of section 129 of the Land Revenue Act, are subject torevision by Deputy Commissioner under sub-section(3) of section 136 of the Land Revenue Act?” 2. Brief facts leading to the Reference may be stated as under:Petitioner filed the above Writ Petition under Articles 226 & 227of the Constitution of India against the respondents, for quashing theorder in No.RTS/AP/109/09-10 dated 23.5.2011 at Annexure-C on thefile of respondent No.3/Assistant Commissioner, Chikodi, and orderpassed in No.RB/RTA/113/2011-12 dated 12.10.2011 at Annexure-Eon the file of respondent No.4/Deputy Commissioner, Belgaum.

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