K. DATTU RAO Vs. THE MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE Counsel for the petitioner remains absent though the matter was taken up for hearing on more than one occasion. The Petition is considered on merits.

(2.) IT is the case of the petitioner that the petitioner is residing along with his family members in a house bearing No. 453, Ward No. 21, Hospet since 1948 and that he is the absolute owner in possession of the same. It is claimed by the petitioner that since 1947, the petitioner was residing in the said property and later, representations were given to the office of the Tahsildar seeking allotment of the very sites. Even prior to the allotment of the property, there were structures existing and the petitioner did make an application to the Government for grant of assignment in respect of a site, which he was already occupying. Pursuant to which, the Government is stated to have granted a plot bearing No. 12 comprised in land in Survey No. 159/B of 12th ward. The said grant was made on 19.6.1968, by virtue of which, the petitioner claims to be in possession. Similarly, another grant is said to have been made in favour of the plaintiff's father Dhodhibha Kathare on 19.9.1968 in respect of Plot No. 11. The said plot No. 11 is said to have been gifted in favour of the petitioner under a registered gift deed dated 2.5.1981. The said two plots referred to above are adjoining each other and is now presently assigned No. 453. The plots have merged into a single unit and a building has been constructed after obtaining license as on 21.3.1990.

(3.) BY way of rejoinder, the petitioner has denied that there was any encroachment.