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october 2011

Supreme Court of India · 2011-10-18

Ashok Kumar Lingala vs State Of Karnataka & Ors

Citation / case number
AIR 2012 SUPREME COURT 53
Court
Supreme Court of India
Petitioner
Ashok Kumar Lingala
Respondent
State Of Karnataka & Ors
Author
T.S. Thakur
Bench
Cyriac Joseph, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the High Court's order directing the Civil Court to determine the identity of the mining lease areas between the appellant and M/s Sandur Manganese & Iron Ore Company Ltd. The Court emphasized that if the Civil Court finds no overlap, both parties can mine under their leases; if there is overlap, the earlier leaseholder has superior rights. The decision is rooted in the Karnataka (Sandur Area) Inam Abolition Act, 1976, particularly Section 10, which allows for re-grant and registration of occupancy rights, affirming the appellant's claim to the land as private patta land.

Ashok Kumar Lingala vs State Of Karnataka & Ors · Niyam