FRANCIS RAVI KIRAN DAVID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed for quashing the order dated March 4, 1993 (Annexure-P) issued by the State Government rejecting the review filed by the first respondent and six others.

(2.) THE facts leading to this case are as follows: Sy. Nos. 2/2 measuring 1 acre 26 guntas situated at Ittamadu village, Uttarahalli hobli, was purchased by one David Jambiah and the members of his family under the registered Sale Deed dated june 25, 1983. These very persons established a Society called the websters CHILDRENS HOME and registered the same under karnataka Societies Registration Act, The said Websters Children home constructed a school building on the land in question and also a play ground. That on April 29, 1988 the Society and the members including the petitioners and respondents 3 and 4 filed an application before the Government under Section 20 of the Act for permission to transfer the land on which the school building and play ground are situated to the Society. The said application was rejected by the Government by order dated March 27, 1991 on the ground that the Societies are not entitled to acquire and hold agricultural land and the land in question is notified by the Bangalore development Authority for acquisition. In view of there being some irregularity in the order the petitioners filed a review application before the Government. The said review was rejected by the impugned order.

(3.) EVEN though the petitioners have challenged only the impugned order and did not challenge the order dated March 27, 1991 by which the application filed under Section 20 was rejected for the purpose of disposing off this petition I think it is just and appropriate to treat this petition as having filed against the order dated March 27, 1991 also.