GIRIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is impugning the proceedings of the second respondent in No.SCPTL(A)/27/04-05 dated 2.7.2008 marked as Annexure-A to the writ petition.

(2.) The case of the petitioner is that, 2 acres of land in Godabanalu Village in Chitradurga Taluk came to be allotted to one Sri Kolarappa alias Thimmaiah Pujar the husband of 4th respondent and father of 5th respondent for an upset price under proceedings No.DDS M4 DDR:35:53- 54 dated 9.12.1955.

(3.) The said land was alienated under the sale deed dated 6.6.1972 and registered as document no.1061 on 11.7.1972. It is contended that respondent nos. 4 and 5 also joined in the execution of the sale deed. Thereafter, respondent nos. 4 and 5 after the demise of the original allottee initiated proceedings before the third respondent in case No.SC:PTL:CTA:2:2003-04. The third respondent by order dated 5.11.2004 was pleased to allow the application made by respondent nos. 4 and 5 under the provisions of Section 5 of the Act. The same was carried in Appeal before the second respondent and the second respondent was pleased to affirm the order of third respondent thereby voiding the sale transaction and directing the resumption of the land in favour of legal representatives of the original grantee.