CHANDRASHEKAR AGE ABOUT 43 YEARS S/O HANUMMAMMA BIN BYRAPP AND OTHERS Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M.S. BUILDING BANGALORE- 560001,THE TAHASILDAR KUNIGAL TALUK 572130 DIST. TUMKUR AND THE DEPUTY

JUDGEMENT

(1.) THE appellants are before this Court in this intra -Court appeal assailing the order dated 29.07.2011 passed by the learned Single Judge dismissing W.P. Nos. 23968 -972/20) 1 (LA RES).

(2.) HEARD Sri V.V. Gunjal, learned counsel for the appellant and Sri B. Veerappa learned Additional Government Advocate for the respondents.

(3.) THE main contention of the appellants is that they are in possession of the lands in question and fill the revenue entries were changed to the name of the Government stating to be acquired for the Adidravida Layout, there was no threat to their ownership or possession over the property. In that background, it is also their contention that; even If the acquisition proceedings had been initiated in the year 1961, the possession thereafter is with the appellants, to the knowledge of the respondents inasmuch as they have continued to enjoy the lands. As such they continue to be the owners, at least by adverse possession. Such contention in our view is misconceived. Firstly, the very fact; that the appellants have perfected their title by adverse possession would not be open to them in the present proceedings inasmuch as no right would accrue to them if they have reentered possession of the lands which had been lawfully acquired. Secondly, the mere change of mutation entries by MR No. 27/98 -99 to the name of the Government belatedly will not grant any better right to the appellants if the other process relating to acquisition has been completed in accordance with law.