CHIKKAYYA DEVADIGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed by the petitioner assailing the order of 3rd respondent - Deputy Commissioner, who has ordered for eviction thereby directing the petitioner to vacate and hand over the land in question in favour of 4th respondent. The said order is under challenge.

(2.) Facts leading to the case are as under; Petitioner claims that he is the absolute owner of house site granted to him by the Government through the Tahasildar, Kundapur comprised in Sy. No.219/1B measuring 5 guntas. The petitioner claimed that house site was granted to him under Sec. 94(c) of the Karnataka Land Revenue Act.

(3.) While respondent No.4 claimed that the Authorities have granted a portion of the land comprising in Sy. No.206/2 measuring 61 acres and Sy. No.206/8 measuring 34 acres. Respondent No.4 claimed that the Authorities pursuant to grant have issued saguvali chit on 27/2/1976. 4th respondent alleging that petitioner has encroached over his land filed a petition under Sec. 5 of PTCL Act before the 2nd respondent - Assistant Commissioner and sought for vacant possession after evicting the petitioner from the petition property.