S.B. SHREEDHARA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be the owner of the lands measuring 400 square meters in Sy.No.31/21 situated at Kallahalli Village, Kasaba Hobli, Shimogga Taluk. The said lands were originally owned by one Sri. Syed Bashir and in the year 1975, when it formed a part of a larger extent of land in Sy.No.31. Subsequently, 4 guntas of land measuring approximately 400 square meters was sold by Syed Bashir in favour of M.D.Hayath vide a sale deed dtd. 16/10/1975, phodi and durashti proceedings were carried out and new hissa No.21 was allotted to the land of said M.D.Hayath and came to be numbered as Sy.No.31/21.

(3.) Later on M.D.Hayath sold the property to the petitioner and the petitioner was in possession of the said property. However, respondent No.2- Shivamogga Municipal Corporation unauthorizedly took possession of the said land without acquisition proceedings and made it part of the Vinobha Nagar Layout in Shivamogga being formed various sites and road in the aforesaid lands.