P.V. LAXMINARAYANA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have sought for issuance of writ of mandamus directing the respondent No.2 to issue license permitting the petitioners to put up construction in the petition schedule property by considering the petitioners application dated 16.01.2014 enclosed at Annexure-A. The petitioners have also challenged the resolution dated 08.04.2015 stated to have been passed by the 2nd respondent resolving to allot alternative land to the petitioners in lieu of earlier allotment made to the petitioners' predecessor in title on 09.03.2010.

(2.) The case of the petitioners is that a portion of the property belonging to K.V.Venkatesh Bhat predecessor in title of the petitioners was required for the purpose of expansion of the bus stand by the 2nd respondent - authority and accordingly, it was decided to make use of the property belonging to K.V.Venkatesh Bhat and in lieu of the same, it was resolved to allot the extent of 40X60 feet at Prakash Layout. In accordance with the said decision an exchange deed came to be executed between K.V.Venkatesh Bhat and the 2nd respondent on 09.03.2010 whereby an allotment was made measuring an extent of 40X60 feet as per the exchange deed enclosed as Annexure-D. The boundaries mentioned in the said exchange deed are as follows: ....[VARNACULAR TEXT OMITTED].... It is stated that a sketch at Annexure-F was enclosed along with the exchange deed.

(3.) Subsequent transaction relating to the property have taken place according to which K.V.Venkatesh Bhat has sold his property to N.Raghavendra through a Sale Deed dated 11.08.2011 and subsequently N.Raghavendra has sold the property to the petitioners on 06.11.2013 with the same boundaries as mentioned in the exchange deed.