R RAGHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed to quash Annexure-G notice bearing no. TQMPR (K) 332/2005-06 and all other actions and proceedings contemplated thereunder.

(2.) THE case of the revision petitioner is that he purchased petition schedule property in a Court auction on 19-4-2003 in respect of the agriculture land bearing survey No. 67 situated at Agara Hobli, Kengeri Hobli, Bangalore south taluk, to the extent of a) 0. 36 guntas, b) 1 acre 24 guntas and c) 3 acres, in all 5 acres 20 guntas. To that effect sale certificate has been issued under Order 21 Rule 94 of CPC by the Prl. Dist. and Sessions Judge, bangalore Rural District, in Ex. Case No. 33/2000 (Misc. No. 52/96 ). The boundaries mentioned in the sale certificate is East by lands of Smt. Anusuya N. Singh and Rajam, West by: BWSSB Road and North by: lands of Smt. Asha, South by lands of Smt. Bhanumathi.

(3.) THE further case of the writ petitioner is that the 5th respondent with the influence and support of the third respondent has caused illegal notice Annexure-G through the fourth respondent to carry out the survey of survey no. 67 which is the land purchased by the petitioner in Court auction. The notice issued under Rule 49 of the Karnataka Land Revenue Rules and rules 47 and 48 to survey the entire village for the purpose of introduction of record of rights in-respect of the entire village after preparation of the preliminary records in respect of the entire village. The fourth respondent at the instigation of the third respondent is attempting to illegally make survey of the schedule property in order to illegally alter the boundaries shown in the sale certificate. If they succeed in their attempt the petitioner will be put to irreparable loss and injury. Hence this petition.