KRISHNARAO ALIAS KAMALAKAR RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BY proceedings dated 14-8-1981 of the administrator of the second respondent-corporation, an extent of 215. 39 sq. Yards of vacant land was granted in favour of the petitioner and the matter was submitted to the government for sanction. The state government by order dated 16-9-1983 accorded sanction to grant the site measuring 215. 39 sq. Yards in cts nos. 102, 104 and 105, mts, hubli, in favour of the petitioner. In pursuance of the aforesaid order and proceedings, the commissioner of the second respondent-corporation conveyed right, title and interest in favour of the petitioner in respect of the vacant site measuring 1958 sq. Feet situated adjacent to cts No. 103 of ward-v under a registered sale deed dated 24-4-1984. The name of the petitioner was also mutated in the registers of the corporation.

(2.) IT appears that the committee of bairnath devasthanam, arvindnagar, encroached upon a portion of the site granted to the petitioner and put up a construction thereon. The petitioner having failed to get the same removed by negotiation, instituted a suit on the file of the learned principal munsiff at hubli, in o. s. No. 129 of 1986 against the wahivatdar of panch committee of bairnath devasthanam for possession of the encroached area from the defendant and for mandatory injunction to demolish the construction made thereon. The said suit was decreed by judgment and decree dated 1-8-1990. The regular appeal filed against the judgment and decree of the learned munsiff was dismissed and the decree of the trial court was affirmed by the learned additional civil judge, hubli, by his judgment and decree dated 15-9-1992 in ra No. 116 of 1990. It is said that, the regular second appeal, rsa No. 1177 of 1992 filed by the said devasthana committee was dismissed by this court on 31-7-1998.

(3.) DURING the pendency of the aforesaid proceedings, the commissioner, hubli dharwad municipal corporation, had served an order on the committee of bairnath devasthanam [hereinafter to be referred as 'the temple committee'] under Section 321 (3) of the Karnataka municipal corporations Act, 1976, directing the temple committee to demolish a building constructed by the nagapanth samithi on the land in question. The said order was challenged in the appeal before the standing committee who by their resolution dated 19-12-1986 dismissed the appeal and affirmed the order of the commissioner.