H. GOVINDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Senior counsel for respondent No. 3, learned Government Advocate for respondents-1 and 4 and Mr. Venkatesha Dodderi, learned counsel for respondent No. 2.

(2.) The petitioner, in the instant writ petition under Article 226 of the Constitution of India, seeks the following reliefs:

(3.) The petitioner claim to be in possession of 20 guntas of land bearing Corporation No. 90, 14th Main, AICOBOO Nagar, I Stage, BTM Layout, Bangalore 560 068, (old Sy. No. 14/13, Tavarekere village, Begur Hobli, Bangalore South Taluk (for short "the said land"). Petitioner further claims that his father was a tenant in the said land under one Gaare Munivenkatappa. He states that in 1972 he entered into an unregistered agreement to sale and that is how he is in possession of the said land as its owner. Petitioner had filed O.S. No. 16507/2005 seeking declaration that he is the owner of the said land and for injunction. The suit was decreed. Then the appeal filed by respondent Nos. 2 and 3 (bearing RFA NO. 739/2012 and RFA No. 1060/2011) was allowed and judgment of the trial Court was set-aside. The matter was then carried by the petitioner to the Supreme Court by way of S.L.P.. The S.L.P. also came to be dismissed. It is not in dispute that the said land, was a part and parcel of the land, owned by Gaare Munivenkatappa, measuring 2 Acres. Admittedly, the entire 2 Acres of land was acquired by BDA in 1978. Compensation was also paid to Gaare Munivenkatappa and possession was handed over to the BDA. It has also come on record that respondent No. 3 had filed Writ Petition No. 31183/2010 in this Court basically challenging conversion of the land measuring 2 acres 31 guntas consisting of the two acres of Gaare Munivenkatappa into residential use. It is true that the petitioner was not party to the said writ petition. This Court, while dealing with the challenge raised in the said writ petition, in paragraph-15 observed thus: