DEVAKUMARSHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE only legal issue involved in the present appeal is as to whether the Deputy Commissioner can pass an order under Section 79 (2) of the karnataka Land Revenue Act, 1964 (in short the ACT), withdrawing or extinguishing the privileges which are being enjoyed either by custom or under any order such as privileges in respect of Kumki lands etc.

(2.) AS it appears from the order of the Karnataka Appellate Tribunal (Annexure-E) the appellants seems to be agriculturists owning lands comprised in S. Nos. 51/2 and 41/2 situated in Naricombu village of bantwal taluk. According to them S. Nos. 54/2 and 52/1a1 of the same village form part of Kumki lands over which they hold privileges as recognised by law.

(3.) THE said Kumki privileges had been extinguished by the Deputy commissioner, D. K by his order dated 8-5-1989 after giving due notices to all the Kumkidars and anubhogadars and on due consideration of the objections filed pursuant to the said notice, the Kumki privileges over the aforesaid extent of lands were extinguished so as to provide house sites to the landless persons. This was done pursuant to the general guidelines issued by the State Government under its Notification No. RD 28 LGW 71 dated. 29-1-1971 and 10-12-1971.