LAWS(KAR)-2023-5-143

CLARENCE PAIS Vs. STATE OF KARNATAKA

Decided On May 22, 2023
CLARENCE PAIS Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The following observations of Justice Krishna Iyer, in STATE OF KARNATAKA vs. RANGANATHA REDDY ,(1977) 4 SCC 471. at paragraph 53, should prelude the framing of this judgment:

(2.) Petitioners claiming to be owners of tenanted non- agricultural lands, are invoking writ jurisdiction of this court for laying a challenge to the constitutionality of the Karnataka Conferment of Ownership on Mulageni or Volamulageni Tenants Act, 2011 (hereafter 'impugned Act'), whereby full ownership is sought to be bestowed on the tenants/sub-tenants on payment of compensation to be determined by the Competent Authority on normative basis. After service of notice, the Respondent-State has entered appearance through the learned AGA and the private Respondents are represented through their Advocates on record. Statements of Objections, Addl. Statements of Objections, Replies/Rejoinders & Statements of Facts have been filed voluminously.

(3.) While discussing the nature of mulageni, the Apex Court in RAGHURAM RAO vs. ERIC P MATHIAS,(2002) 2 SCC 624. quoted the following observations in VYAKANTRAYA BIN RAMKRISHNAPPA vs. SHIVARAMBHAT BIN NAGABHAI,ILR (1883) 7 Bom.256.