WALTER STEPHEN MENDES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for quashing of the order dated 29.11.2016 (Annexure 'B' to the petition) passed by the third respondent (stated as 2nd respondent in the prayer portion of the petition), namely, Assistant Commissioner, Mangaluru sub-division, Mangaluru, in appeal No.CDis.RRT(2).SR:207/2016-17, and the order dated 20.02.2018 vide Annexure 'A' to the petition passed by the second respondent (stated as 1st respondent in the prayer portion of the petition), namely, Deputy Commissioner, Dakshina Kannada, Mangaluru, in Revision Petition No.C.Dis.RAP.197/2016-17.

(2.) According to the petitioner, one Smt. Nagamma Shedthi / Smt. Nagamma Shetty was the owner of various properties situate at Kadri village, Mangaluru, including the property bearing Sy. No.266 measuring 02 Acres 86 cents. The fact that Smt. Nagamma Shedthi was the owner of the aforesaid land is not in dispute. The petitioner herein is claiming himself to be the purchaser of the land measuring 02 Acres 86 cents in Sy. No.266 situate at Kadri B village. According to him, different sub-numbers were assigned to Sy. No.266 as could be seen in four sale deeds, which are at Annexures 'F', 'G' 'H' and 'J' to the petition.

(3.) The records would indicate that Smt.Nagamma Shetty filed declaration under section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the ULC Act') on 15.09.1976 in respect of the land bearing Sy. No.266/1B2(P) measuring to an extent of 02 Acres 62 cents situate at 87B Kadri village, said to have acquired by her under registered sale deed dated 04.08.1971, before the Special Deputy Commissioner and Competent Authority, Mangalore Urban Agglomeration. In that behalf, proceedings were initiated in ULC.SR.157/76-77 (Kadri). A draft statement under Section 8(1) of the ULC Act was issued to the declarant Smt. Nagamma Shetty on 02.01.1982 determining an extent of land measuring 2 Acres 081/4 cents (8427-46 Sq. Mts.) as excess land held by her. Smt. Nagamma Shetty filed her objections to the draft statement on 22.02.1982.