STATE OF KARNATAKA Vs. M.A. MOHAMAD SANAULLA

JUDGEMENT

(1.) The appellant State of Karnataka has preferred this appeal assailing the correctness of the judgment and order dtd. 16/4/2021 passed by the Division Bench of the High Court of Karnataka in Regular First Appeal No.1287 of 2012, "The State of Karnataka and another vs. M.A. Mohd. Sanaulla and another" whereby the appeal of the State was dismissed along with a cost of Rs.1.00 lakh with certain adverse remarks against the State law officer conducting the matter with a direction to conduct enquiry also. The High Court had confirmed the judgment and decree of the Trial Court dtd. 8/3/2012 passed in OS No.1424 of 2006 whereby suit for declaration, possession and permanent injunction filed by the State- appellant was dismissed.

(2.) The dispute relates to land situated in village Chikkasanne within Bhuvanahalli State Forest area. Notification dtd. 8/1/1921 issued under Sec. 4 of the Forest Regulation read with Sec. 17 of the Mysore Forests Regulations declared that with effect from 1/2/1921 an area of 59 acres 08 guntas equal to 09 square miles in Taluk Devanahalli, District Bangalore (Block Bhuvanahalli) comprising of lot no. 66, 67 and 68 of village Chikkasanne to be a State Forest. Later on, at some stage during resurvey, Survey No. 67 measuring 44 acres 29 guntas was given new Survey No. 69 for the same area.

(3.) During an auction sale held on 13/9/1936 by the Court for recovery of arrears of land revenue, and confirmed on 19/11/1936 Survey No. 69 measuring 43 acres and 24 guntas was purchased by one T.N.Subbaraiya Mudaliar. Later on, vide sale deed dtd. 19/8/1977, the respondent No.1 purchased 08 acres 35 guntas of Survey No. 69 from the auction purchaser/his successor-in-interest. The respondent No.1 claimed to have continued his possession but on account of some interferences by the State authorities, he was compelled to approach the Civil Court.