SUNNY KULATHAKAL Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) ON hearing the learned Advocates, I allow I.A. No. 1/15 for early hearing. I grant them the earliest possible hearing. The petitioner has called into question the second respondent -Special Deputy Commissioner's order, dated 21 -5 -2011 (Annexure -L) cancelling the entries made in favour of the petitioner vide M.R. Nos. 4, 5, 6:95 -96 in respect of the land measuring 3 acres at Sy. No. 16/P10 of Kannur Village, Jalahalli Hobli, Bangalore East Taluk.

(2.) SRI Jayakumar S. Patil, the learned Senior Counsel appearing for Sri Abhinay Patil for the petitioner submits that the land in question was granted to one Shankari Bai in the year 1962. He submits that the Saguvali Chit was issued to her on 17 -3 -1962 (Annexure -D). He submits that the said Shankari Bai has also paid Rs. 60.00 pursuant to the land -grant, as is evident from the extract of Saguvali Register, which is produced as Annexure -E. He submits that the property has changed hands and that the present petitioner has purchased the land in question by three sale deeds, all executed on 17 -12 -1993 (Annexures -A1, A1 and A2). He submits that the mutation entries were effected in favour of the petitioner way back in the year 1995. When thus stood the state of affairs, the Tahsildar appears to have sent a letter, dated 6 -9 -2008 to the Special Deputy Commissioner. Based on the said letter, the impugned proceedings are initiated.

(3.) SRI H. Venkatesha Dodderi, the learned Additional Government Advocate appearing for the respondents submits that the register of grants may be containing an entry regarding the grant of land in favour of Shankari Bai, but as the petitioner has produced the forged documents, the Special Deputy Commissioner has disbelieved and proceeded to pass the impugned order.