B. HALESHAPPA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) A learned Single Judge of this Court not agreeing with the reasoning of the Full Bench has made this Reference vide order dated 7.12.1999 in Writ Petition No. 22025 of 1999 to a larger Bench observing that the Full Bench has not considered the relevant Section 3(2) of the Karnataka Village Offices Abolition (Amendment) Act, 1978 (for short 'the 1978 Amendment Act') in the case of Syed Bhasheer Ahamed and others Vs. State of Karnataka and others, AIR 1994 Kant 227 and the decision of the Full Bench is 'per incuriam' and has therefore, requested the Chief Justice to place the matter before a Larger Bench to reconsider the decision of the Full Bench. Thus, vide order dated 9.7.2002, passed by the Chief Justice, this Reference is placed before us on 12.8.2002.

(2.) THE necessary facts leading to the Reference, as stated by the learned Counsel, are:

(3.) IN Writ Petition No. 17245 of 2000, one Seetamma was re -granted the land bearing Sy. No. 160 measuring 3 acres and 6 guntas vide order 22.12.1970. In turn, she executed a sale deed in favour of the Petitioner on 3.1.1971 prior to coming into force of the 1978 Amendment Act. The other writ petitions 26987 of 1998 and 28100 of 1993 have been requested to be placed along with Writ Petition No. 22025 of 1999 vide reference dated 10.12.1999 and 8.1.2001 respectively as the said writ petitions also involve the same question.