KISANPYARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Present writ petition is filed seeking quashment of the order dtd. 21/3/2019 passed in No. L.G.C.(D) No. 1733/2017 by the Karnataka Land Grabbing Prohibition Special Court (hereinafter referred to as 'the Special Court'), in and by which, the Special Court while dismissing the suit of the petitioneRs..00as not maintainable, has directed the Tahsildar, Vijayapura Taluk to initiate proceedings against the petitioneRs..00under the provisions of the Karnataka Land Grabbing (Prohibition) Act, 2011 (hereinafter referred to as 'the Act') by filing complaint in Form No. 1 within a period of one month from the date of the receipt of the order and to report the action taken in the matter.

(2.) The case of the petitioneRs..00is that one Jagan Mohan Toshniwal was running a ginning factory and oil mill in the land bearing Survey No. 241 measuring 2 acres 1 gunta of Tikota village, Bijapur taluk and district from the year 1950. That in terms of the order dtd. 27/5/1964 bearing No. L.B.S.R/1129, the aforesaid land was granted in favour of Sri. Bagirath Toshniwal. That the Assistant Director, Industries and Commerce had issued licence to run the industry and the same was renewed from time to time. That on 23/2/1987, said Bagirath Toshniwal passed away leaving behind his widow and three sons and two daughters. There was a partition amongst his sons in which the aforesaid property was allotted to the share of Giridharlal Toshniwal. Even the said Giridharlal Toshniwal passed away and the petitioneRs..00being his legal representatives have succeeded to his estate. That the aforesaid property has been in their lawful possession and enjoyment.

(3.) That by a notice dtd. 22/8/2013, petitioneRs..00were called upon to hand over the possession of the aforesaid property on the premise that the same being Government land, the petitioneRs..00are in unauthorised occupation of the same. PetitioneRs..00filed O.S. No. 668/2013 before the First Addl. Civil Judge (Jr. Dn.), Bijapur seeking declaration of they having become absolute owneRs..00of the aforesaid property by way of adverse possession and for consequential relief of permanent injunction. That in view of coming into effect of the Act, the matter was transferred to the Special Court. Upon the transfer of said suit, the same was renumbered by the Special Court as LGC(T) NO. 1733/2017.