JAGDISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed challenging the legality and correctness of the order passed in W.P.Nos.11589-11591/2011 dated 16th August 2011.

(2.) The facts leading to these appeals are as hereunder: One Nanjusa, the father of the writ petitioners had purchased about 4 acres and 13 guntas of land in survey No.77 of Agrahara Dasarahalli village in Bangalore city under two sale deeds from one Gundamma and Papaiah on 28.06.1962. Gundamma and Papaiah were enjoying the lands pursuant to their hereditary rights in respect of personal and miscellaneous inams. On 04.08.1962, under section 5 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, the order of regrant was granted to Gundamma and Papaiah. Thereafter, the father of the writ petitioners Nanjusa converted the land from agricultural to non-agricultural purposes pursuant to the order passed by the Deputy Commissioner, Bangalore, on 27.05.1965. Subsequently, Nanjusa divided the properties under the registered document on 8.5.1974. The petitioners having availed loan from the bank commenced a factory therein after obtaining necessary plan and licence in the year 1985. In respect of the very same land, certain civil suits were also filed by the writ petitioners and so also by one of the legal heirs of Gundamma by name Ramakka, the daughter of Gundamma. Aggrieved by the dismissal of her suit, she filed an appeal in R.F.A.No.283/2001 which appeal also came to be dismissed by this court on 19.3.2004. Later Ramakka also challenged the order of conversion granted by the Deputy Commissioner in favour of the father of the writ petitioners by filing an application in 2009 which application came to be rejected on 2.6.2010.

(3.) 4th respondent who is not the descendant of Gundamma or Siddamma addressed a letter to the Director of Civil Enforcement Cell, questioning the legality and correctness of the sale deed executed by Gundamma and Papaiah on 28.06.1962 which was treated as an application under section 4 of the PTCL Act by the Assistant Commissioner who ordered for resumption on 09.09.2010.