LAWS(KAR)-1996-7-47

SHARANAGOUDA Vs. STATE OF KARNATAKA

Decided On July 08, 1996
SHARANA GOWDA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE principal reliefs claimed in the writ petition are: (a) struck down Section 122-a of Karnataka land re- forms ACT as amended by Karnataka ACT No. 9 of 1992 as per annexure-c. (b) a writ in the nature of certiorari quashing the notice dated nil in No. $to; *b. /724/75-76 issued by the 2nd respondent as per annexure-b.

(2.) HEARD, the counsel appearing for the petitioners and carefully perused the case papers with the assistance of the learned counsel. It was contended on behalf of the petitioners that the authorities concerned have to make out a ground for reopening the matter under Section 122-a of the ACT and in that regard they should issue a notice specifying the grounds. He also contended that there is a limitation put on the authorities concerned to reopen the case and the authorities were competent to reopen the case before 30-6-1984. Learned counsel for the petitioners has also contended that the petitioners have challenged the vires of the Amendment Act. Issued under Annexure-C and he has sought for striking down Section 122-a of the Karnataka land reforms ACT as amended by Karnataka ACT No. 9 of 1992. He also contended that there are several other writ petitions filed before this court, challenging Section 122-a of the act.

(3.) LEARNED counsel for the petitioners has relied on an unreported judgment of this court in writ petition No. 17587 of 1984 disposed on 20-2-1991 on the principle that the notice issued under Section 122-a of the ACT should state the grounds for reopening the case.