H L SRINIVASA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The order impugned in this petition was made by the Government of Mysore in their proceedings dated 7th December, 1963. By the said order, sanction was accorded to the appropriation of 0.31 guntas of lend within S. No. 59 of Honnarayanahalli village. Nelamangala Taluk, for cultivation purpose and to grant the same in favour of K. M. Puttashamachar at an upset price subject to the reservation and recovery of value.

(2.) K. M. Puttashamachar is none other than respondent No. 2 before us. The writ petition was presented to this Court on 22/7/1970 nearly after seven years from the date of the order of grant. The petitioner has stated in his affidavit that he was not aware of the grant.

(3.) The averment made by the petitioner appears to be not correct. The petitioner was a shanbogue of the village and also a rival applicant to the said grant. He was signatory to the Dharkast prepared on the application of the second respondent. In view of these facts, we are unable to believe the petitioner.