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    Chikkaraju v. State Of Karnataka

    ORDER

    D.H WAGHELA, CJ (Oral)

    1. Learned counsel appearing for the petitioners, after arguing at some length, fairly conceded that factually, the period of lease granted to the petitioners has already expired and their disputes as regards distance of the leased area from an archaeological site involve questions of disputed facts. It was also conceded that the petitioners have already exhausted their remedy of revision and the petitioners propose to challenge the Government Order dated 08.07.1978 purportedly issued under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Learned counsel also sought to submit that if the petitioners could be granted partial renewal of lease, excluding the area covered by the notification under the aforesaid Act, they would prefer to make an application therefor. On these pleas, the petitions were sought to be withdrawn, at this stage, with a view to making an appropriate application before the competent officer for partial renewal of the lease or extension of the period of lease, which period has otherwise expired, even before the expiry date, on account of cancellation of lease by the impugned orders.

    2. Accordingly, reserving liberty to the petitioners to challenge the order dated 08.07.1978 of the Government under the said Act, as also to make applications for partial or limited renewal of the lease, the petitions are disposed, without expressing any opinion on the contentions and prayers of the petitioners. There is no order as to cost.

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    Chikkaraju v. State Of Karnataka
    (Jan 17, 2014)