A S PARAMESHWARAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS claim to be members of a joint hindu undivided family of which the 1st petitioner is the kartha, owing extensive movable and immovable properties and more particularly, property bearing Municipal Katha No. 3299 and 3300 measuring 80' x 90' at Hassan - Mysore Road, Holenarasipura.

(2.) PETITIONERS state that during the year 1968, with an intention to start a Petrol Bunk, applied for and secured a dealership on 27. 12. 1968 from the Indian Oil Corporation, and put to use the properties Nos. 3299 and 3300 for the said purpose. In the year 1984, it is stated that at the instance of the petitioners for grant of land belonging to the 3rd respondent on payment of upset price, the Standing Committee by resolution dated 8. 6. 1983 approved the grant of immovable property, being a vacant plot bearing No. 2776a, measuring 79 x 45' + 65/2, followed by the letter dated 23. 8. 1985 directing deposit of Rs. 7040/- being the value of the property at rs. 16/- per sq. mtr. On deposit, the third respondent is said to have delivered possession of the plot of land, transferred the Katha into the names of the petitioners and received taxes thereon.

(3.) IN order to upgrade the Petrol Bunk from 'b' Grade to 'a' objection certificate' from different departments of the State Government while the town Planning Authority, Holenarasipur approved the proposals. The 3rd respondent - Town Municipal Council is said to have issued a 'no objection certificate' for the proposal, leading to the execution of a lease agreement dated 22. 6. 2001 with the Indian Oil Corporation for a period of 20 years. On upgradation, the petitioners put to use the open space bearing Nos. 2674 and 2776 located on the Eastern side of the petitioners' property.