SURESH G. NANWANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is assailing the order passed by respondent No.2 as per Annexure-A. Consequently, a mandamus is sought to restore M.R.No.H4/2021-22 thereby upholding petitioner's ownership and possession over 30 guntas of land in Sy.No.155/1.

(2.) The subject matter of this petition is 30 guntas of land in Sy.No.155/1 situated at Hunasamaranahalli, Jala- 2 Hobli, Yelahanka Taluk. The petitioner asserts title over the disputed property based on grant order dtd. 6/10/1962 issued in favour or petitioner's predecessor in title Jayaramaiah. Petitioner claims that though Jayaramaiah applied for grant of occupancy rights to an extent of 4 acres 10 guntas, the entire extent measuring 5 acres 4 guntas was reflected in the revenue records thereby grantee was in exclusive possession of 5 acres 4 guntas and asserted absolute title and the subsequent alienations also indicate that the entire extent measuring 5 acres 4 guntas was the subject matter of conveyance and after several transfers, this disputed property is now gifted to petitioner vide registered sale deed dtd. 3/7/2021 and accordingly, ownership is recorded pursuant to certification of M.R.No.H4/2021-22. Petitioner therefore, feeling aggrieved by the disputed mutation order pursuant to order passed by the respondent No.3/Assistant Commissioner and confirmed by the respondent No.2/Deputy Commissioner is before this Court.

(3.) Respondent Nos.6 to 8 have filed statement of objections and have tried to counter the petitioner's claim. While refuting the averments made in the petition, the respondents have averred that land bearing Sy.No.155 stood vested with the State pursuant to Inams Abolition Act, 1955. Referring to moola tippanni prepared in respect of Sy.No.155 on 14/12/1956, respondents claim that this land was subjected to phodi and the land accordingly stood divided into two parts i.e., Sy.Nos.155/1 and 155/2. Accordingly, hissa survey tippani was drawn up on 9/1/1961.