A.C. ANANTHA SWAMY, S/O LATE PATEL CHIKKAHANUMAIAH Vs. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, THE ASSISTANT EXECUTIVE ENGINEER, CHANDRA LAYOUT SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE AND THE JUNIOR ENGINEER, BRUHAT BANGAL

JUDGEMENT

(1.) THE petitioner claiming to be the absolute owner of land measuring 24 acres 37 guntas in Sy. No. 47 of Pantharapalya on being conferred occupancy rights pursuant to the order dated 17 -10 -1964 of the Special Deputy Commissioner for Inams, Bangalore under the Karnataka (Personnel and Miscellaneous) Inams Abolition Act, 1954, the Pattanagere Grama Panchayath, South Taluk, aggrieved by the said order preferred appeal No. 1806/1971. whence the Mysore Revenue Appellate Tribunal, by order dated 17 -07 -1971, set -aside the order of the Special Deputy Commissioner for Inams, against which the petitioner preferred W.P. No. 1814/1971 which when allowed by order dated 26 -02 -1974 the proceeding was remitted to the Revenue Appellate Tribunal for consideration afresh. It is stated that in the family settlement the land in question having fallen -to the petitioner's share, is in peaceful possession and enjoyment. The Revenue Appellate Tribunal, by order dated 21 -04 -1977, set -aside the order of the Special Deputy Commissioner for Inams which when called in question in W.P. No. 5202/1977 this Court, by order dated 8 -1 -1980, allowed the writ petition and remitted the proceeding to the Special Deputy Commissioner for Inams, for consideration afresh. The petitioner claims to have constructed a farmhouse, cattle shed and quarters for the labourers apart from borewell investing huge sums of money and is carrying on agricultural operations in the said land. The Tahsildar, Bangalore South Taluk, issued a notice of eviction which when called in question in W.P. No. 28730/1993 was quashed by order dated 13.01.1999. It is alleged that the Government of Karnataka initiated acquisition proceedings under the Land Acquisition Act and delivered possession of the land to the Karnataka industrial Area Development Board who in turn executed a Deed of lease dated 4.7.2002 of the laud in question in favour of M/s. Nandi Infrastructure Corridor Enterprises (NICE).

(2.) AGGRIEVED by the said action of the State, the petitioner filed W.P. No. 33962/2001 whence this Court, by order dated 24.02.2006, allowed the petition and quashed the Government order dated 7.10.1999 according approval lo lease the said land in favour of KIADB. It is the assertion of the petitioner that the Government could not lake possession of the land and that Writ Appeal filed by NICE is pending consideration before the Division Bench.

(3.) IN these circumstances, the 1st respondent issued a notice dated 4 -8 -2007 Annexure "G" calling upon the petitioner to desist from interfering with the possession of the land and changing the nature of the land by use of JCB machinery. Hence this writ petition.