CHINNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are said to belong to the Thoti community of Hinnakki village, Anekal Taluk. With the coming into force of the Karnataka Village Offices Abolition Act, 1961 (Hereinafter referred to as the 'KVOA Act', for brevity) the Hakkudars are said to have been registered as the occupants of the following lands and the petitioners claim under the said Hakkudars.

(2.) The petition is contested by the KHB to contend that the land bearing Survey No. 49 measuring 2 acres 18 guntas, situated at Hinnakki Village, Anekal Taluk belonged to the original khatedhars, namely, Muniveeappa, Muniswamy, Chinnamma and other Anubhavadars. The said land was acquired by respondent No. 2 for the purpose of allotting sites and constructing houses for the public as per preliminary notification dated 1.4.2005 under Section 4(1) of the L.A. Act and the same was published in the gazette on 28.4.2005 and consequently, the final notification dated 2.11.2006 has been issued under Section 6(1) of the L.A. Act and the same published in the gazette on 9.11.2006. This was preceded by an inquiry by respondent No. 2 under Section 5A of the L.A. Act, on 13.2.2006 and thereafter an award was passed on 14.8.2007.

(3.) Then again, by a further statement of objections dated 29.11.2013, it is stated thus:--