S. N. LADHANI Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners, who claim to be the absolute owners in possession of 30 guntas and 20 guntas respectively in Sy.No.14/3 of Kodigehalli Village under Registered sale deeds dtd. 30/3/1992, have approached this Court, calling in question the impugned order dtd. 29/4/2010 passed by respondent No.1-Special Deputy Commissioner, Bengaluru, whereby the registration of their sale deeds have been cancelled by invoking Rule 17(iii) read with Rule 123 of the Karnataka Registration Rules, 1965 ('Rules, 1965' for short).

(2.) The original owners, Hanumanthappa and Venkatappa had sold 30 guntas and 20 guntas in Sy.No.14/3 to the petitioners through registered sale deeds dtd. 30/3/1992, and the petitioners' names were mutated in the revenue records. Sy.No.14/3 was initially notified for acquisition under notification dtd. 4/1/1985 followed by final notification on 22/9/1986 for the benefit of the respondent No.5-NTI Housing Cooperative Society. The petitioners had called in question the acquisition proceedings in W.P.No.33211-212/1994, which came to be dismissed. The Special Land Acquisition Officer (SLAO) issued an endorsement on 17/6/2009, along with the award in L.A.C.No.47/1986-87, recording that only 1 acre 39 guntas of Sy.No.14/3 was acquired and that 2 acres belonging to the petitioners' vendors was not part of the acquisition. It is stated that respondent No.5 applied for cancellation of the petitioners' sale deeds, leading to respondent No.1 issuing a show cause notice and ultimately passing the impugned order canceling the registration of the sale deeds.

(3.) Heard learned counsel for the petitioners and learned counsel for the respondents. Perused the material on record.