T.UMA SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner is assailing the notice dtd. 21/10/2021 (Annexure-T series) issued by respondent No.4, sought to evict the petitioner from the schedule property. The relevant facts for adjudication of this writ petition are that, the petitioner claims to be owner in possession of the land bearing Sy.No.21/1 measuring 30 Guntas, out of which an extent of 7 Guntas is Kharab land, in Sy.No.21/2 measuring 3 acres out of which an extent of 2 Guntas is Kharab land and land bearing Sy.No.21/3 measuring 2 Acres 34 Guntas out of which 1 Acre 10 Guntas is Kharab land situate at Chinnappanahalli Village, K.R.Puram Hobli, Bengaluru East Taluk.

(2.) Perusal of the writ petition would indicate that, there is no dispute with regard to possession and title of the petitioner. Father of the petitioner-Sri.H.Thippareddy had made representation to respondent No.4, stating that an extent of 1 Acre 10 Guntas of Kharab land in total extent in Sy.No.21/1, Sy.No.21/2 and Sy.No.21/3, measuring 2 Acres 34 Guntas and the petitioner is in possession of the land in question for more than 20 years, and the said kharab land is not being utilized for the public purpose or public for their use and accordingly, he made a representation at Annexure-B, seeking issuance of the appropriate notification under Sec. 68 of the Karnataka Land Revenue Act, 1964 (herein after referred as Act). The said application is per Annexure-B. Thereafter, respondent No.2 has passed notification dtd. 10/12/2008, under Sec. 95 of the Act for conversion of the land to an extent of 2 Acres and 38 Guntas (Annexure-C) and same.

(3.) In the meanwhile, a notification was issued, with regard to the acceptance of the application under Sec. 68 of Act, as per Government order dtd. 12/5/2011 (Annexure-F1), wherein the land in question is also been marked in the said notification. Thereafter, the proceedings were taken under Sec. 68(5) of the Act, by the Government as per Annexure-M1, stating about the 18 Guntas of Halla (Sarkari) and Tankbund to an extent 29 Guntas as per Annexure-M1. Thereafter, 4th respondent herein had issued notice under Sec. 104 of the Act, at Annexure-T series, seeking eviction of the petitioner from the Kharab land as mentioned in 1 Acre 10 Guntas excluding 2 Acres 34 Guntas. Feeling aggrieved by the same, the impugned notices produced at Annexure-E series are questioned in this writ petition.