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2024 (8) TMI 195

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..... al of grievance - substantive direction - amendment to Rule 23 as per Notification dated 08th March, 2023 - HELD THAT:- Indulgence granted in the matter broadly agreeing with the submission made by the counsel for the appellant. There is already the Grant Order and that the same is affirmed in appellant s appeal decided by the Appellate Tribunal. What has been left over for consideration at the ha .....

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..... has been disposed off with the following observations: 5. In view of the amendment made to the Rule 23 as per Notification dated 08th March, 2023, the petitioner is directed to approach jurisdictional Assistant Commissioner of the Sub-Division, seeking redressal of his grievance. If such an application is made by the petitioner to the jurisdictional Assistant Commissioner, the same shall be consi .....

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..... al contending that for relief of the kind, the learned Single Judge has rightly relegated the appellant to the office of Assistant Commissioner and he can work out his remedy there itself. Incidentally, she also draws attention of the court to the 2023 amendment to the Karnataka Land Grant Rules, 1969, to contend that the appellant has to make certain payment at the rates now revised, if at all re .....

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..... in terms of 2023 Amendment Rules, since the said amendment is by way of substitution. She specifically drew our attention to the Karnataka Land Grant Rules, 1969 of KLJ Publications, 2019, 5th Edition which in foot note 1 at page 48 states: Substituted for the words on payment of fifty per cent of the market value by Notification No.RD 09 LGP 2015(P), dated 19-9-2015 and shall be deemed to have c .....

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..... s of their publication. In the above circumstances, this appeal succeeds; a writ of mandamus issues to the second respondent to formalize the grant in favour of the appellant in terms of extant rules; the appellant is liable to pay the charges under the pre-amendment Rules of 2023. Registry to send a copy of this order by Speed Post to : [i] The Principal Secretary, Department of Law, Government o .....

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