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1991 Supreme(Kar) 497

M.RAMAKRISHNA RAO
ANKIT DESAI – Appellant
Versus
HANUMANNA – Respondent


Advocates:
B.M.SIDDAPPA, B.V.Prabhakar, SIDDAGANGAIAH

M. RAMAKRISHNA RAO, J.

( 1 ) ALTHOUGH this writ petition is posted for preliminary hearing in B-Group, by consent of learned counsel on both sides, this writ petition was taken for hearing. Accordingly, i heard the learned counsel on both sides.

( 2 ) THE petitioners have called in question the correctness and legality of the orders made by the Dy. Commissioner and the Asst. Commissioner at Annexures-B and C respectively. They have sought for quashing them on more than one ground.

( 3 ) THE undisputed facts as disclosed from the impugned order as well as the pleadings in the writ petition are; By an order made by the Competent Authority on 29-12-1959, 5 acres of land came to be granted in Sy. No. 5 of Kyatanamale Village in Parashurampura Hobli, Chitradurga Dist. , in favour of the first petitioner, Macchappa, applying the provisions of the Karnataka Land Grant Rules, subject to certain conditions.- One such condition was that the granted land shall not be alienated by the grantee for a period of 15 years. Despite the said condition the granted land came to be sold in favour of the first respondent - Hanumanna, by a registered sale deed dated 24-8-1977 for a valuable consideration.



















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