M VENKATARAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. Muthaiah and others were the owners of Sy.No. 66 (4 Acres and 12 guntas) and Sy No. 76 (6 Acres 19 guntas) of Nagarbhavi village, Yeshwanthapur Hobli, Bangalore North Taluk. The petitioner claims to have purchased 2 acres in Sy.No 66 and 3 acres 9 guntas in Sy No. 76 by registered sale deed dated 3-10-1966. The record of rights show that he is recognised as Khatedar. Petitioner applied for conversion of land for non-agricultural purpose and by order dated 19th February 1982 (Annexure-E), the Tahsildar, Banga lore North granted the certificate of conversion, as ordered by Spl. Deputy Commissioner in 0 M. dated 6-8-1981. On 16-2-1981 by Registered Sale deed petitioner sold 2.2 guntas in Sy.No. 76 to Smt. Padma Chandrasekhar ; on 6-3 1981 he sold another bit of 2.2 guntas in favour of Sri C. S. Venkatadri. If by these Sale deeds the ownership rights are transferred, petitioner has ceased to be a Khathedar to this extent. The above Purchasers have filed applications before the Bangalore Development Autho-ity (for short 'B D.A.') for reconveyance on 1st May 1984.

(2.) The above two lands alongwith vast extents of other lands in Nagarbhavi and Malagala villages were sought to be acquired for formation of Layout called "Nagarbhavi Layout" by the B.D.A. The area so acquired covers 1210 ares 35 guntas. The Preliminary Notification dated 15-7-1982 was published in Karnataka Gazette on 12-8-1982, 19-8-1982 and 26-8-1982. The names of the petitioner, alongwith Chandriah, Chikmuniyappa, Muthaiah Bin Muniyappa and Munikrishnappa are mentioned as against these two lands.

(3.) The writ petition of Munikrishnappa in W.P.. No. 16748/1986 is dismissed on 30-7-1987. On 4th September 1982, a copy of the notification was sent to City of Bangalore Corporation, Deputy Commissioner and Tahsildar. On 13-10- 1982 notice was sent to petitioner on his Nagarbhavi address. As he was not found it was affixed on the land. The endorsement on the notice reads thus : <IMG>JUDGEMENT_188_KANTLJ1_1988Image1.jpg</IMG>