GANGEERAMMA Vs. PRINCIPAL SECRETARY DEPARTMENT OF REVENUE

JUDGEMENT

(1.) Though matter is listed for preliminary hearing by consent of learned Advocates appearing for parties it is taken up for final disposal.

(2.) Heard Sri. Padmanabha Mahaley, learned Senior counsel appearing for petitioners and Sri. Nithyananda K.R. learned HCGP appearing for respondent Nos.1 to 4. No notice is issued to respondent No.5 since learned senior counsel has fairly submitted that for the present petitioners would restrict their prayer to 13(c) only.

(3.) Grievance of the petitioners is that land in Sy.No.53 of Pillahalli village, Dasanapura Hobli, Bangalore North Taluk, measuring an extent of 2 Acres and 1 Acre 16 guntas respectively was granted to them by order No.LNDSR2.134/60-61 on 26.09.1960 and it was confirmed by the Deputy Commissioner by order dated 28.04.1964, pursuant to which petitioners were called upon to remit upset price by communication dated 17.11.1964 vide Annexures-A and A1. Pursuant to same, revenue records came to be mutated in their favour and they have been in possession and enjoyment of subject land and suddenly out of blue an extent of 8 Acres is now allotted to fifth respondent and portion of said extent is over lapping with the petitioners land. It is also contended that second respondent without conducted any enquiry and without afforded petitioners an opportunity has passed on order granting 8 Acres of land in Sy.No.53 of Pillahalli village, Dasanapura Hobli, Bangalore North Taluk in favour of fifth respondent and third respondent without any notice to petitioners i.e., adjacent owners of the land has prepared a sketch which depicts that an extent of 2 Acres 1 gunta of land granted to the petitioners has been encroached upon.