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High CourtsSingle Bench(2010) 04 KAR CK 0185

Jayanthi vs The Special Deputy Commissioner and Others

Karnataka High Court · Decided on 8 April 2010

HON’BLE JUDGES
Huluvadi G. Ramesh, J
CASE NUMBER
Writ Petition No. 6317 of 2010

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Judgment

9 paragraphs · 349 words

Huluvadi G. Ramesh, J.—Learned Government Pleader is directed to take notice for respondents 1 to 4. Notice to other respondents is dispensed with.

2.

Petitioner has sought for to issue writ of certiorari quashing the impugned orders dated 29.12.06 and 30.4.08 passed by the 4th respondent as per Annexures ''F'' and ''G''

3.

Heard.

4.

According to the petitioner, she is the owner of the immovable property bearing site No. 29 of Mysore Road, Bangalore, having purchased the same out of the residential layout formed by its erstwhile owner one Anantharamaiah and his sons and that she has constructed a residential building in the said site and has been paying the taxes and the khata also stands in her name and that the respondent-authorities without notice to her, holding that the land in question is a Government land, has passed an order to resume the land to the Government by dispossessing the parties who are in possession.

5.

The grievance of the petitioner is that she is one of the purchaser of the plot from her erstwhile vendor and she does not know anything as to whether there was a grant in his favour or not and that she is a bonafide purchaser for a value with consideration.

6.

According to the learned Government Pleader the property in question is a Government Land and that sufficient documents are not produced to show the acquisition of title by late Anantharamaiah, the petitioner''s vendor and the entry in the revenue records was bogus and as such, it came to be cancelled and it is for the petitioner to assert her right over the property by approaching the Civil Court.

7.

In view of the submission made, it is for the petitioner to approach the Civil Court to assert her rights or for any other appropriate orders. She may also implead her erstwhile vendor to prove that her vendor has properly acquired the title over the property in question.

8.

Accordingly, Writ Petition is disposed of.

Learned Government Pleader is permitted to file his memo of appearance within four weeks from today.