N.M. BHASHYAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above captioned writ petition is filed under Articles 226 and 227 of the Constitution of India with the prayer to quash the sale proceedings conducted by the 5th respondent dtd. 5/8/2011 in respect of the land bearing Sy. No.49 measuring 9 acres 18 guntas situated at Vadegola Village, Naregal Hobli, Ron Taluk, Gadag District vide Annexure - H and also to quash the sale certificate Annexure - K bearing No.RRC / R.9 / CR.01 / 2010-11 dtd. 24/11/2011 issued by the 3rd respondent.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition as revealed from the records narrated briefly for the purpose of disposal of this petition are, the petitioner is the absolute owner in possession of the land bearing Sy. No.49 of Vadegola Village, Ron Taluk, Gadag District measuring 9 acres 26 guntas (hereinafter referred to as "land in question") having purchased the same under a registered sale deed dtd. 4/11/1995. The land in question is a patta land. In the year 1996, a quarry licence was issued in favour of the petitioner in respect of 2 acres in the land in question. On the ground that the petitioner had not paid the royalty of Rs.1,58,893.00 in respect of the minerals excavated from the quarry, action was taken by the 4th respondent to auction sale 144.91 cubic metres pink granite which was excavated from petitioner's quarry and was available in the quarry.