R.SUBRAMANYA Vs. DEPUTY COMMISSIONER & PRESIDENT

JUDGEMENT

(1.) Petitioners have sought for setting aside the judgment dated 09.08.2017 (Annexure 'K' to the petitions) passed by the Karnataka Appellate Tribunal (hereinafter referred to as the 'K.A.T' for brevity) in Appeal No.155/2012 and the order dated 04.12.2009 (Annexure 'E' to the petitions) passed by the first respondent - Deputy Commissioner and President, District Tourism Development Committee, Hassan District, in proceedings Nos.L.N.D(2).C.R:210/2007-08 and DVS(2)CR:225/09-10.

(2.) Petitioners are claiming themselves to be the owners of land measuring 0-5 guntas in Sy. No.30 situate at Chikkabyadigere village, Hebbalu Mandal Panchayat, kasaba hobli, Belur Taluk, having acquired the same under registered sale deed dated 12.11.1990 (stated as 22.11.1990 in the writ petitions) executed by one Thimmegowda. A perusal of the said sale deed vide Annexure 'A' to the petitions discloses that petitioner Nos.1 to 3 had purchased site bearing khata No.2812/2359 measuring East to West 27 Mts - 25 Cms and South to North 137 Mts - 40 Cms from the said Thimmegowda.

(3.) The records would indicate that the Tourism Department of the State for the purpose of setting up Tourism Heritage Pass Port office in Beluru and undertaking other developmental activities, proposed to acquire certain properties in and around Sri Channakeshavaswamy temple in the said village and in that behalf, a Committee was constituted under the chairmanship of the Deputy Commissioner to monitor and facilitate the acquisition process. Petitioner Nos.1 to 3 herein are stated to have sold property bearing municipal khata No.4462/3299 measuring to an extent of 39336 Sq. feet and petitioner No.4 herein is said to have sold property bearing municipal khata No.4463/3300 measuring to an extent of 38117 Sq. feet in favour of Assistant Director, Tourism Department : Member Secretary, District Tourism Development Committee, Hassan District, on behalf of His Excellency the Governor of Karnataka for consideration of Rs.58,61,064/- and Rs.56,79,433/- respectively, under two separate registered sale deeds dated 13/14.08.2009.