K.NANJUNDASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) THE petitioner's father one R.Karibasappa is said to have purchased land bearing Sy.No.76/2 measuring 3 acres 12 guntas, together with certain construction there on of Nagawara Village, Kasaba Hobli, Bangalore North Taluk, under a registered sale deed dated 8/6/1944. The petitioner's father was shown as the khatedar pursuant to such sale and his name has been mutated in the revenue records. The copies of the sale deed and the revenue records from the year 1995 -96 to 1999 -2000 are produced. The father of the petitioner is said to have died in the year 1980, leaving behind four sons, out of whom two were no more and the petitioner being the eldest, was managing the affairs of the family and pursuant to his father's death, the land stands in the name of the petitioner and his brother claiming under Karibasappa.

(3.) THE said notifications dated 29/5/1978 and 28/2/1985 were subject matter of challenge by the petitioner and his brother in writ petition in W.P.No.11030/85 before this court, which came to be disposed of by order dated 5/11/1988 wherein this court had observed that the petitioner and other members of his family were entitled to seek regularization with regard to any construction that existed on the said property.