NARAYANAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are before this Court seeking a writ of mandamus directing respondents 2 to 4 to consider their representations dated 17.09.2018 for allotment of sites under B.D.A. Incentive Scheme for Voluntary Surrender of Lands, Rules, 1989.

(2.) The counsel for the petitioners submit that the petition land was a subject matter of grant of occupancy by the jurisdictional land tribunal under Section 48A of the Karnataka Land Reforms Act, 1961, in favour of petitioner's ancestor, one Mr. Munigiddappa @ Annayyapp. On his death, the entries in the revenue records were mutated only in favour of his son, Munihanumaiah to the exclusion of petitioners who too had succeeded to the estate of the deceased, in accordance with law.

(3.) The respondent-BDA vide resolution dated 02.11.2017 at Annexure-E has resolved to allot a house site ad-measuring 40 ft. X 60 ft. free of cost in favour of 5th respondent herein instead of making of said allotment ing it collectively in favour of the petitioners and other private respondents including the fifth respondent herein who are all being the legal representatives of Late. Munigiddappa of the deceased Munigiddappa have succeeded to his estate.