M RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) Site No.46 measuring 60 x 100 feet situated at Durgi Gudi Badavane, Shivamogga was purchased by one Mrs. Girijamma, the mother of the petitioners, on 30/9/1957 under a registered sale deed. On 24/9/1974, a registered partition was effected, out of the said extent, 60 x 50 feet fell to the share of the said Girijamma and the remaining was divided among the petitioners to an extent of 25 x 60 feet in favour of petitioner No.1 and 25 x 60 feet in favour of petitioner No.2.

(3.) The said Girijamma executed a Will dtd. 15/11/1991, her share in the plot measuring 60 x 50 feet came to the share of petitioner No.1 and petitioner No.2 equally. Thereafter, the petitioners have been in possession of the aforesaid properties, which have been assigned Khata bearing Nos.519/1379, 520/520/1380, 521/521/1381 and 521/1-1381/1 situated at Ward No.5, Tilaknagar, Shivamogga. The petitioners intending to develop the said lands had sought for amalgamation of the properties, which came to be approved, and a demand for the relevant fee was made. Along with the said demand, a further demand was made that an extent of land measuring 109.80 square meters, that is roughly around 1100 square feet is to be surrendered to respondent No.3 for the purpose of road widening free of cost.