CHIKKASIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these cases, the petitioners have challenged the validity of the endorsements at Annexures 'A ' and 'B ' dated 8.2.2011 and 11.5.2011 respectively, whereby their applications for reconveyance of site No.244-A, West of Chord Road, First Stage, First Block, Industrial Town, Rajajinagar Extension, Bangalore, has been rejected.

(2.) THE petitioners contend that they had purchased the aforesaid site under a registered sale deed dated 1.7.1974 from one Smt.Girija Devi. The said site was formed in Sy.No.115/3, Saneguruvanahalli, Yeshwanthapura, Bangalore North Taluk. The entire Sy.No.115/3 was included in the reconveyance scheme formulated by the erstwhile CITB as per its resolutions dated 26.12.1974 and 25.3.1975. Therefore, the petitioners made applications requesting the 2nd respondent to reconvey the site in question in their favour. Since the said applications were not considered, they filed a suit O.S.No.744/1992 on the file of the XXVII Additional City Civil Judge, Bangalore City, for a direction to the respondents to reconvey the site. The suit was decreed and the 2nd respondent was directed to consider the applications of the petitioners for reconveyance in accordance with law. In response to the said direction, the 2nd respondent called for a report from the Surveyor, who had reported that site No.86-F, Industrial Town, Rajajinagar, has been allotted to one Sri. Venkatagiri Gowda on 13.8.1974. A sale deed dated 7.8.1992 in respect of the said site was also executed by the BDA in his favour. Site No.86-F, allotted to Venkatagiri Gowda, corresponds to or includes the site in question. After the death of Venkatagiri Gowda, his son Venkataramaiah had succeeded to the said property. The 3rd respondent has become the owner of the said site after the death of his father Venkataramaiah. It is contended that the father of the 3rd respondent was the Personal Secretary to the then Chairman of the BDA and that at his behest, the Surveyor had furnished a false report.

(3.) SRI . Bipin Hegde, learned counsel for the 2nd respondent, submits that Survey No.115/3 of Saneguruvanahalli, Yeshwanthpur, Bangalore North Taluk, was acquired by the State Government for the benefit of the then CITB. Final notification was issued on 9.3.1971 and possession was taken thereafter. After vesting of the land with the CITB, the petitioners have purchased site No.244-A from Smt. Girija Devi under a deed of sale dated 1.7.1974. Smt. Girija Devi had no saleable interest in the site. After the formation of the layout, the site was renumbered as No.86-F, which was allotted in favour of Sri. Venkatagiri Gowda, the grand father of the 3rd respondent, on 7.8.1992. Therefore, the petitioners have no legal right to claim the reconveyance under Section 38-C of the BDA Act.