ARATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are said to be owners of land bearing survey no.264 measuring 6 acres 5 guntas at Hinkal, Kasaba hobli, Mysore Taluk and district. The said property is claimed to have been acquired by one Monda @ Thammaya, son of Venkata. The said property is said to have been mutated as "beellu " in the revenue records, as per Order dated 28.4.1988. Prior to the said date, the RTC in respect of the property is said to have reflected the name of Monda. The petitioners claim as the legal heirs of Monda.

(2.) It is claimed that the petitioner has continued in possession of the property and that the fourth respondent has not taken possession of the land in question till date. This fact is claimed to be evident from the circumstance that there is a request made by the fourth respondent to the Deputy Commissioner to hand over possession of the land, as on 22.8.2003. The petitioners claim to have been unaware of the acquisition proceedings all along and sought for restoration of their name in the RTC. The Assistant Commissioner, Mysore, is said to have issued a direction in that regard, by his order dated 5.11.2011. The petitioners claim that it is only recently that the petitioners became aware of the acquisition proceedings and have immediately initiated these proceedings .

(3.) The learned Senior Advocate, Shri Ashok Harnahalli, appearing for the counsel for the petitioner, contends that the property is in the possession of the petitioner and the respondents have till date not developed the property by taking possession of the same. The respondents have failed to execute the Scheme by developing the property within the stipulated period. That even after a lapse of 28 years, the land has not been developed and the Scheme has hence lapsed.