ARTECH REALTORS (P) LTD. Vs. VILLAGE OFFICER

JUDGEMENT

(1.) The controversy in this writ petition revolves around on a question of effecting transfer of registry when there are allegations of encroachment on government land allegedly forming part of the subject of transfer of registry.

(2.) The first petitioner is the vendor and the second petitioner is the buyer of the immovable property in Ext.P1 sale deed. An apartment complex has been constructed in the said property.

(3.) One Joy Kaitharath, who was impleaded as an additional fifth respondent, approached the Lok Ayukta with a complaint alleging that the above construction has been carried out by extending to the government land. The Lok Ayukta investigated the complaint. It was found that out of the total 135.135 cents of land included in sale deed No.567/2006, the buyer derived title only for 118.500 cents of land and the balance 16.635 cents of land were found in excess. Further, out of the 16.635 cents of land, 12.279 cents were already restored to the Government and the balance 4.356 cents could not be located. Lok Ayukta's order is under challenge before this Court in W.P.(C) No.13791/2018 and a stay was granted against the operation of the said order.