S. SUNDARESH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) W.P. No. 13664 of 2015 is filed by Sri S. Sundaresh, who is the son of a freedom fighter, namely, late Suryanarayanarao. His case in brief is that his father was earlier allotted the land measuring 4 acres at Sy. No. 76 of Sadaramangala Village. On account of a series of litigations, the said land grant could not be confirmed in favour of Suryanarayanarao. He died in the year 1989. On his legal representative (the present petitioner) continuing the battle for the grant of land under freedom fighters' (political sufferers) quota, the Government granted 4 acres of land at Sy. No. 129 of Sreegandhadakavalu Village, Yeshwanthapura Hobli, Bengaluru North Taluk. He has filed this petition seeking a writ of mandamus to effect the mutation entries in his favour in respect of the land and to hand over the possession of the land to him.

(2.) Ms. Nalina Mayagowda, the learned Counsel for the petitioner submits that the possession of the 4 acres of land is taken over from the third respondent-Golden Valley Education Trust (hereinafter called as 'the said Trust'), the earlier grantee/lessee. She submits that on the expiry of the lease period, the granted land automatically re-vests with the Government. She submits that the revenue records show that the land in question is a gomal land. She submits that the petitioner has already deposited 6.00 crores with the Government on 17-7-2013.

(3.) W.P. Nos. 2454 and 15058 of 2015 are filed by the said Trust. In W.P. No. 2454 of 2015 raising the challenge to the Special Deputy Commissioner's order dated 20-1-2010 (Annexure-S) cancelling the grant of land measuring 15 acres standing at Sy. No. 51 of Sreegandhadakavalu Village and the order dated 30-12-2014 (Annexure-A) passed by the Karnataka Appellate Tribunal ('K.A.T.' for short), upholding the Special Deputy Commissioner's order.