MOHAMMED JAFFAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS reference has been placed before the Full Bench as per the order of the Chief Justice, dated 22-7-2002 and has come up before us.

(2.) A learned Single Judge was considering a writ petition wherein the order dated 8-12-1998 passed by the Assistant Commissioner declaring the sale of the land in Sy. No. 415/1 measuring 7. 25 guntas out of the total extent of 1 acre 19 guntas of Susugadi Village in Bhatkal Taluk was challenged. The learned Single Judge, vide his order dated 9-3-2001, having disagreed with the view of another learned Single Judge in the case of Narayan Parameshwar Naik and Others v Deputy Commissioner, karwar, Uttara Kannada District and Others, and as the issue was a question of law of general importance, thought it to be a fit case for reference to the Division Bench and referred the same to decide the following question:

(3.) W. P. No. 2290 of 2000 was referred on 5-12-2001, W. P. No. 31815 of 2000 was referred on 7-12-2001 and W. P. Nos. 4809 to 4814 of 2001 was referred on 11-3-2002 by the respective learned Single Judges to the divisior. Bench. Thereafter, the said references along with W. P. No. 8757 of 1999 have been placed before us on 3-10-2002, as already stated. As agreed, by the respective Counsels for the parties all the writ petitions are disposed of by this common order. For the sake of convenience, we take up the necessary facts of W. P. No. 8757 of 1999 as the question of law in all these writ petitions is common.