SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) DURING the course of hearing of the instant writ appeal, learned counsel for the appellant/petitioner invited our attention to a communication dated 02.03.2010 addressed by the Assistant Commissioner, Mysore Mahanagara Palike, to its Commissioner, informing him about the receipt of a complaint alleging unauthorised construction over Government land. According to the learned counsel for the appellant, based on the aforesaid communication dated 02.03.2010, intimation letter-1 was addressed to the appellant on 09.03.2010, wherein, the appellant was directed to stop construction of the building. The aforesaid direction was issued to the appellant under the belief, that as per the documents, the building was being erected on Government land. The appellant was also informed, that in case he did not immediately stop the construction work, he would be liable to suitable action under the law.

(2.) THE contention of the learned counsel for the appellant, insofar as the aforesaid action initiated at the hands of the Mysore Mahanagara Palike is concerned, that the appellant is the owner of site No.6 in Sy.No. 152 of Hebbal Village, Kasaba Hobli, Mysore Taluk. It is the case of the learned counsel for the appellant, that in the first instance, the ownership in the land in question was vested in one Siddegowda, from whom Gowramma purchased the plot in question on 25.08.1984, through an unregistered sale deed. THE appellant had further purchased the land over which the alleged construction was being made on 10.01.1995 from Gowramma, again through an unregistered sale deed. It is pointed out, that as a consequence of the threat, which the appellant faced from the Mysore Mahanagara Palike, the appellant had preferred O.S. No.719/2010 before the Civil Judge (Junior Division), Mysore, which was still pending consideration.

(3.) DIS-satisfied with the order dated 23.02.2011 whereby W.P. No. 185/2011 filed by the appellant came to be dismissed, the instant writ appeal has been preferred so as to assail the order dated 23.02.2011.