BAGMANE DEVELOPERS PVT. LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts leading to the filing of this writ petition are as follows:

(2.) The aforementioned persons appeared before the Tahsildar and contended that originally the land bearing Sy.No.78 of Doddanekkundi village had been allotted by the Government in favour of one Appa Rao and later on, his sons sold and conveyed the land in favour of Sri.H.P.Gurappa Reddy under a registered sale deed dtd. 24/3/1960. They also placed reliance on the revenue records to indicate that it was their land and also placed reliance on the master plan of the year 2015, which had been issued by the Bangalore Development Authority, which indicated that the said land was earmarked for Industrial use. The Tahsildar on going through the entire materials, ultimately came to the conclusion that the land in question was a cultivable land belonging to the private persons and was not a kere angala. He accordingly passed an order on 12th of June 2020 dropping the proceedings against the aforementioned persons.

(3.) Notwithstanding the said proceedings, a second notice came to be issued by the Tahsildar on 18/2/2021 reiterating the contention that the aforementioned lands was a tank. Being aggrieved, the petitioners herein, who had entered into a Joint Development agreement with the aforementioned four persons and approached this Court by way of W.P.No.19745 of 2021. This Court, by an order dated 12th of August, 2022 allowed the writ petition in the following terms: