MADAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these intra court appeals preferred under Section 4 of the Karnataka High Court Act, 1961 the appellants have assailed the validity of the order dated 30.05.2008 passed by the learned Single Judge. In order to appreciate the appellants' challenge to the impugned order, few facts need mention, which are stated hereinafter.

(2.) Facts leading to filing of these appeals briefly stated are that the erstwhile Government of Mysore introduced a scheme on 13.05.1972 under which provision was made for allotment of house sites to landless workers in rural areas. The Block Development Officer, Bangalore, North Taluk in association with officers of Taluk Panchayat formed 910 sites in land situate in Sy.Nos.38 and 39 measuring 40 acres and 36 guntas and 7 acres and 17 guntas respectively situate at Village Gidadakonenahalli, Bangalore North Taluk, which were recorded as lands reserved for grazing purposes in the revenue records, of which the State Government was not the owner. The tahsildar on occasion of commemoration of 25th anniversary of Indian Independence issued 'Hakku patras' (Title deed). The petitioner in W.P.No.7756/2006 was allotted a site measuring 30 x 45 feet, whereas, petitioners in W.P.No.7261/2006 and W.P.No.9317/2006 were allotted sites each measuring 30 x 45 feet respectively. The Block Development Officer by communication dated 10.12.1984 directed collection of tax and issuance of licence to build houses and informed the Administrator of Mallathahalli Grama Panchayath, in which a statement was made that some of the allottees have been allotted sites in Sy.Nos.38 & 39. In view of the complaints made with regard to irregularities in the allotment of Hakku Patras issued in the years 1974 and 1975, the State Government by an order dated 22.12.1990 appointed an officer of the I.G. Rank to enquire into the irregularities with regard to issuance of Hakku Patras.

(3.) The Tahsildar by an order dated 07.08.1993 cancelled the allotment of sites made in favour of 794 persons in a period prior to 19.08.1992 and 20.08.1992. Subsequently, the allotments made on 19.08.1992 and 20.08.1992 were also cancelled. The Principal Secretary of Urban Development Department, Government of Karnataka held a meeting on 20.01.2000 with Commissioner, Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) and it was resolved to submit a proposal to hand over the land belonging to State Government for formation of a layout to the Bangalore Development Authority. The Assistant Commissioner by a communication dated 21.04.2009 forwarded the report prepared by Inspector General of Police, Crime Investigation Department (CID) to Tahsildar. The State Government by an order dated 11.07.2001 allotted site measuring 2 acres 8 guntas of Sy.No.38 to Basaveshwara Little Flower Education Society (hereinafter referred to as 'the Society' for short).