G.C. NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against order dtd. 6/6/2006 passed in W.P.No.9925/2004, by which writ petition preferred by the appellant has been dismissed along with other connected writ petition.

(2.) Facts giving rise to filing of this appeal briefly stated are that the appellants are the owners of land bearing Sy.No.5/4 measuring 3 acres and 20 guntas situate at Village Talaghattapura, Bangalore. On the basis of the sale deed executed in favour of the appellants, their name was mutated in the revenue records. The appellants approached the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) with a request to change the land use from commercial to residential purpose. The Authority by an endorsement informed the appellants that it is permissible to use the land for residential purpose. Thereafter, the Deputy Commissioner by an order dtd. 4/10/2001 granted sanction for conversion of lands in question from agricultural to non agricultural purposes.

(3.) After the conversion, land held by the appellants was assessed to tax by Talaghattapura Village Panchayat and the appellant also paid the property tax for the year 2001-02.