MADIVALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Captioned petition is filed by the petitioners assailing the order passed by respondent No.1-Chief Executive Officer vide Annexure-A.

(2.) Heard the learned counsel for the petitioner and the learned counsel appearing for legal representatives of deceased respondent No.4 and learned AGA for respondent No.1 and also the standing counsel appearing for respondents 2 and 3.

(3.) A short point that needs consideration at the hands of this Court is as to whether respondent No.2/Appellate Authority erred in setting aside the resolution No.5 dtd. 29/1/1998. The petitioners claim that they are in possession of property bearing VPC No.299/A. Respondent No.3-Gram Panchayath has passed a resolution on 29/1/1998 indicating petitioner's father has put up a shed in VPC No.299/A. The original respondent No.4-Shantayya filed a suit seeking relief of declaration and injunction in O.S.No.120/2007. It is stated across the bar that the suit filed by respondent No.4-Shantayya seeking relief of declaration and injunction is dismissed and the same is pending consideration before the Appellate Court.