SATHYANARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petitioners seven in number claim that they have interest in properties which have been assigned Municipal Katha Nos.483 (Old No.620), 473 (Old No.680/621), 2373 (Old No.622), 631 (623/686), 688/324, Old Katha No.59 Old AR Nos.625 & 689, respectively, located within the limits of Hassan City, Hassan Municipal Council, Devigere Circle.

(2.) IT is the version of the petitioners that they acquired right, title and interest in these properties after having participated in an auction sale conducted by the then Hassan City Municipality in the year 1965-1966 and having been successful bidders and having paid the commensurate amount and claim that such transaction is evidenced by sale certificates issued by the 5th respondent -The Commissioner, City Municipal Council, Hassan Taluk, Hassan District, copy of one such certificate is produced as Annexure L issued in favour of the 1st petitioner.

(3.) IT is aggrieved by receipt of this type of notice, the present writ by the petitioners contending inter alia that the proposed show-cause notices virtually threatening to demolish their buildings which is located on the northern side of Devigere Kere is nothing short of an arbitrary high hand action; that the petitioners have right, title and interest in the subject properties, which are in their possession and occupation; that they are bona fide purchasers of the subject land from Hassan Town Municipal during the year 1966 have constructed buildings on the same and thereafter and in the wake of these developments particularly, Municipal Council having even auctioned the land, the recent development either for demolition or eviction of the petitioners is blatantly arbitrary, illegal etc. IT is also urged that the Tahsildar does not have either the power or jurisdiction to issue notices as is quoted and said to have been issued under Sections 39, 67 r/w 94 of the Karnataka Land Revenue Act, 1964. On many other grounds also the impugned notices are termed as illegal and petitioners have sought for quashing of the same.