LEELAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner claims to be a person who acquired right title and interest to an extent of land measuring 4 acres 3 guntas in Sy. No. 59 of Kuduregere village, Jala Hobli, Bangalore North Taluk, under Sale Deed dated 05.05.2005 said to have been executed by one Krishnegowda who is impleaded as 3rd Respondent and claims to be in possession and enjoyment of the said land.

(2.) It is the version of the Petitioner that the said land originally was Government land forming part of Sy. No. 59 and had been granted in favour of one R.P. Rudrappa under Darkhast by order of Tahsildar bearing No LND. SR. 169/61-62. dated 18.02.1962, copy of this grant order is produced as Annexure-A to the Writ Petition.

(3.) It appears after a series of transactions, the 3rd Respondent has purchased this land and had sought for conversion of the land for non-agricultural use. It is also the case of the Petitioner, that by order bearing No. ALN.SR.71/96-97, dated 15.05.1997, produced as Annexure-C, the Assistant Commissioner, Bangalore North Sub-Division, Bangalore had permitted the same and it is thereafter, the Petitioner had purchased this land from the said Krishnegowda-3rd Respondent, as per sale deed dated 05.05.2005 registered at the Office of the Sub-Registrar, Yelahanka, a copy of which is produced as Annexure-D to the Writ Petition and based on such transaction, the Petitioner claims right title and interest.