R. HANUMAIAH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Aggrieved by the dismissal of the writ petitions filed by the appellants herein in W.P. Nos. 21186 and 23885 to 23895 of 2010, dated 20-4-2012. The unsuccessful writ petitioners are in these appeals. Heard Sri S. Vijayshankar, learned Senior Counsel appearing for the appellants, learned Government Advocate for respondent 1 and Sri D.N. Nanjunda Reddy, learned Senior Counsel appearing for respondents 2 and 3 and the learned Counsel appearing for the applicants.

(2.) The facts leading to these appeals are as hereunder:

(3.) According to the appellants, by their letter dated 24-1-1972, it was informed to then C.I.T.B. that they have no objection to withdraw the cases and they are agreeable to the terms and conditions imposed by the then C.I.T.B. vide a letter dated 8/9-5-1972 the C.I.T.B., intimated about the Board's resolution dated 19-4-1972 resolving to convey 6 acres, 20 juntas and 42 sq. yards and the concerned survey numbers was also mentioned vide Annexure-D to the writ petition. Since the resolution passed by the C.I.T.B. was not acted upon, a writ petition came to be filed in W.P. No. 15487 of 1987 to issue a writ of mandamus to recovery the land of 6 acres, 21 juntas and 42 sq. yards. The said petition came to be dismissed on 3-4-1989, with a direction that the applicants can file an application for grant of sites. Aggrieved by the dismissal of the writ petition, an appeal came to be filed in W.A. No. 727 of 1989 (R. Hanumaiah and Others v. Bangalore Development Authority and Others,2001 8 KarLJ 239), which also came to be dismissed. Ultimately, the matter was carried to the Hon'ble Apex Court in SLP No. 164 of 2002 (C.A. No. 971 of 2003), in Bangalore Development Authority and Others v. R. Hanumaiah and Others, 2005 6 KarLJ 161 and the Hon'ble Apex Court remanded the matter to the Division Bench to rehear the matter afresh in accordance with law by its order dated 31-1-2001.