LAWS(KAR)-2023-2-166

S. HONNAMMA Vs. STATE OF KARNATAKA

Decided On February 06, 2023
S. Honnamma Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This review petition is filed by appellant Nos. 2, 3 and 5 seeking review of the judgment dtd. 23/4/2021 passed in W.A. No. 1089/2015 and to restore the said writ appeal to the original file.

(2.) The gist of the petitioners case is that the lands bearing Sy.Nos.53, 55/1, 59/1 and 59/2 of Nayandahalli Village, Kengeri Hobli, Bengaluru South Taluk, measuring 3 acres 24 guntas, 37 guntas and 31 guntas respectively (hereinafter referred to as 'Schedule Property) originally belonged to Sri. K. Siddaiah namely father of petitioner Nos. 1 and 2 and grandfather of petitioner No. 3. He is said to have executed Deed of Conditional Sale dtd. 8/3/1973 in favour of one Sri. Lingaiah. It was further contended that on the same day said Sri. Lingaiah executed a registered deed of reconveyance in favour of Sri. K. Siddaiah agreeing to reconvey the schedule property.

(3.) A preliminary notification dtd. 22/2/1985 under Sec. 4(1) of the Act came to be issued for acquiring several lands including schedule property for and on behalf of ITI Employees Home Building Co- operative Society Ltd., (for short 'Society') respondent No. 5 herein, followed by final notification dtd. 28/2/1986 issued under Sec. 6(1) of the Act. An award came to be passed on 5/5/1987 and notification under Sec. 16(2) of the Act also came to be issued taking possession of the schedule lands.