GANAPATHI EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the impugned order dated 20.04.2017 passed by the learned single Judge in W.P. No. 39050/2016, by which the petition was disposed off directing the petitioner to make a representation to respondent No. 6, the writ petitioner is in appeal.

(2.) The petitioner filed writ petition under Articles 226 and 227 of the Constitution of India praying to declare entire process to sell the land in favour of Backward Class and Minority Department as per Annexure-Z, as illegal and to direct the respondents to give permission for selling the land and building in favour of the petitioner at market price. The petitioner claims that it is an educational institution at Jagalur Town and the petitioner has put up construction on the land leased by Jagalur Taluk Oil Industry and Cotton Ginning Kaigarika Parivarthana Sahakara Sangha Limited (for short "Society"). It is stated that the said Society has been liquidated and the portion of the land which is in its possession be sold to the petitioner at market price. As proposed by the respondents, if the land is brought to sale by auction, it would deny the petitioner from purchasing the land. Further it is stated that as per Annexure-Z, letter addressed by the 4th respondent to the 2nd respondent, permission is sought to register the land in the name of Welfare Department. The respondents filed objection contending that the petitioner has no manner of right over the land which is about 35 guntas. The petitioner was lessee on rental basis for the period from 01.04.2003 to 31.03.2008. Since the said period is elapsed, the petitioner is liable to be evicted. The land in question is required for establishment of quarters and in that regard an amount of Rs.40 crores is being sanctioned for construction of Girls Hostel and Pre-Post Metric Students Hostel. Therefore, it is not open for the petitioner to seek for a direction to sell the land in their favour. The learned single Judge by his detailed order disposed off the writ petition observing that the petitioner may make representation to respondent No. 6 who shall take decision in accordance with law. Aggrieved by the same, the petitioner is in appeal.

(3.) Heard the learned counsel for the appellant and learned Additional Government Advocate for respondent Nos. 1 to 6. Perused the appeal papers.