MALLAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE land belonging to the appellant bearing Sy.No. 12/1 measuring 1 acre 15 guntas situate at Kareguddadahalli, Chikkabanavar Post, Yeshwanthpur Hobli, Bangalore North Taluk, was declared as excess land by the Government under the Urban Land Ceiling Act (U.L.C. Act) U/s 10(3) of the U.L.C. Act by Gazette Notification. THE notice was issued to the appellant U/s. 10(5) to surrender the above excess land.

(2.) THE appellant challenged the order of declaration that the above land is a excess land in Appeal No. 12/1990-91 before the Karnataka Appellate Tribunal, Bangalore. THE appeal was dismissed confirming the orders passed U/s. 10(3) and 10(5) of the U.L.C. Act.

(3.) THE case file relating to the proceedings in respect of the above land under the U.L.C. Act is secured and perused. THE case file discloses that the Additional Special Deputy Commissioner-respondent No. 2 on the basis of the report of the Tahsildar vide ULC No. 50/1989 dated 11-4-1989 reports to the Additional Special Deputy Commissioner that the possession of the above land is taken. THE records also shows that mutations are effected in the revenue records to show the possession of the above land with the Government with effect from 9-2-1989. THE report of the Village Accountant dated 21-2-2005 states that the resumption of possession is made on 14-9-1988.