B N VENKATAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent Nos.1 to 3 and learned counsel for respondent Nos.4 and 11.

(2.) The brief facts are that the land bearing Survey No. 149 and 149/3 of Yannanguru Village, Jangamakote Hobli, Chikkaballapur Taluk was granted in favour of Mallaga S/o Donnenu vide proceedings dated 03.11.1941. That the said grantee conveyed the said lands under registered sale deed dated 05.10.1952. Subsequently, the said land become the subject matter of the partition. That the father of respondent Nos.8 to 10 purchased the same under the sale deed dated 20.08.1997 and another extent of 13 guntas was sold under the registered sale deed dated 08.04.2009. There is no dispute with regard to the said dates.

(3.) Thereafter, respondent No.4 claiming to be the grandson of the original grantee preferred an application under Section 4(1) of the Act before the third respondent and prayed that the sale transaction be nullified and land be resumed. The third respondent after hearing the parties is pleased to allow the application. Aggrieved by the same, the petitioner has approached respondent No.2 and was also pleased to affirm the order of the third respondent. Copies of the same are produced at Annexures A and B to the writ petition.