K. KRISHNAMURTHY S/O LATE G. KEMPAIAH, K. RAMAKRISHNA S/O LATE DODDA KEMPAIAH AND D. NARAYANA S/O LATE G. DASAPPA Vs. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND OTHERS

JUDGEMENT

(1.) THESE appeals are directed against the common order dated 2/8/2007 passed by the learned Single Judge in W.P. Nos. 7555/2005, 7943/2005 and 8092/2005, dismissing the said petitions filed by the appellants herein.

(2.) THE appellant in W.A. No. 1749/2007 was the petitioner in W.P. No. 7943/05. The appellants in W.A. 1750/05 were the petitioners in W.P. No. 8092/05. The appellant in W.A. No. 1751/07 was the petitioner in W.P. No. 7555/05. As the common order passed in the above said writ petitions is challenged in these appeals, they were heard together and are being disposed of by this common order.

(3.) CASE of the petitioners in W.P. Nos. 7555 and 7943 of 2005 in brief is as under: Land bearing survey No. 28 of Agrahara Dasarahalli, Yashwantapura hobli, originally belonged to one Narasegowda who along with his son sold an area measuring East to West 60 feet and north to south 160 feet in the said survey number to one Narayanappa under a registered sale deed dated 17/12/1956. Subsequently, under the registered sale deed dated 23/9/1970, the sons of Narayanappa sold the aforesaid extent of the land in favour of one Srinivas. By the year 1997, on account of construction of road and drainage by the Bangalore Mahanagar Palike (for short BMP) and encroachment by neighbours, the measurement of the land was reduced to East to West 78 feet on the Northern side, 80 feet on the Southern side and North to South 58 feet on the Eastern side and 57% feet on the Western side. As, by then the said property was within the limits of BMP, the said Srinivas paid developmental charges to the BMP on 28/5/1997 and thereafter the said property was assigned Corporation No. 9/1, 2nd Main Road, Timmenahalli; and khata was made out in the name of said Srinivas. Subsequently, under a registered sale deed dated 3/5/2001 the said Srinivas sold site measuring East to West 40 feet and North To South 58 feet in property bearing No 9/1, to Smt. P.R. Vasanthi, the petitioner in W.P. No. 7555/2005. Under a registered sale deed dated 29/11/2001, the remaining portion of the land in property No. 9/1 measuring East to West 38 + 40/2 North to South 58 + 57/2 feet was sold by said Srinivas to Smt. Stidha S. Paul, the petitioner in W.P. No. 7943/2005. Ever since the date of respective sale deeds, the petitioners are in lawful possession and enjoyment of the properly purchased by them, and they have been regularly paying the taxes to the BMP.