SHIVAGANGAMMA M.C. W/O. LATE DODDAGOWDA AND OTHERS Vs. STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, DEPUTY COMMISSIONER, CHIEF OFFICER AND PATHANJALI YOGA SHIKSHANA TRUST

JUDGEMENT

(1.) RESPONDENT No. 3 is stated to have executed a sale deed dated 13.10.2000, transferring land measuring 23'x40'. The claim of the Petitioners herein was, that the land in question had been earmarked for the purpose of a park, and such, could not have been sold by Respondent No. 3 to Respondent No. 4.

(2.) DURING the course of hearing, learned Counsel for Respondent No. 4 handed over to us five photographs, which are collectively taken on record and marked as Annexure -X. Based on Annexure -X, it is the vehement contention of the learned Counsel representing Respondent No. 4, that the land in question is being used exclusively as a park -cum -playground for children, and as such, no violation can be deemed to have been committed in the matter of transfer of the land in question, at the hands of Respondent No. 3 to Respondent. No. 4. Additionally, Respondent Nos. 3 and 4 contend, that the aforesaid land shall continue to be used as park -cum -playground hereinafter, without any deviation whatsoever.

(3.) LEARNED Counsel for the Petitioners very fairly states, that he has no objection to the use of the land under reference for the purpose of a park -cum -playground, as has been suggested by the Respondents. He, however, seriously disputes the construction made thereon, as has been depicted in the foregoing paragraphs.