MANGALAGOWRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order dtd. 30/08/2018, passed by the learned Single Judge in W.P. No. 34468/2017 (SC/ST) is called in question in this intra-court appeal. By the said order, the writ petition filed by the appellant herein was dismissed.

(2.) The writ petition was filed in respect of land bearing Sy. No. 197 of Abbenahalli Village, Kasaba Hobli, Malur Taluk, ad measuring 2.00 acres. The said land was granted to Sri. Akkannappa at an upset price by an order of the Assistant Commissioner of Kolar Sub-Division dtd. 23/11/1961 vide challan No. 115 dtd. 27/6/1963. According to the appellant, the said land was granted under the 'Grow More Food' Scheme. The Saguvali Chit in respect of the said land was issued on 15/7/1963. According to the appellant, name of Shri Akkannappa-the grantee was entered in the Revenue Records with a Mutation No. MR 16/1984-85. Copy of the extract of the Land Grant Register maintained by the Tahsildar is produced at Annexure-A to the writ petition, copy of the Saguvali Chit at Annexure-B, the Mutation Extract is produced as Annexure-C and the copy of the RTC is produced as Annexure-D to the writ petition.

(3.) According to the appellant, Sri. Akkannappa was suffering from ailments owing to his old age and the appellant in order to help him came forward to purchase the land from Akkannappa. But, Akkannappa was not in a position to get the document registered immediately, on account of his ailments and he entered into a Settlement Deed/Agreement of Possession in favour of the appellant and put the appellant in possession of the land bearing Sy. No. 197 measuring two acres situated at Abbehanalli village which is the land granted under the 'Grow More Food' scheme. According to the appellant, Akkannappa utilized the proceeds of sale of the land towards his medical and domestic expenses and did not come forward to execute a document of conveyance in favour of the appellant and he died.