V.G.SABHAHIT, B.MANOHAR
M. M. MAHADEV – Appellant
Versus
STATE OF KARNATAKA – Respondent
In this appeal, the appellant calls in question the order dated 27-52003 passed by the learned Single Judge dismissing the W.P. No. 12622 of 2003 filed by him challenging the order passed by respondents 2 and 3 resuming the land in favour of the legal representatives of the original grantee.
2. The facts of the case in brief:
An extent of 2 acres of land in Sy. No. 42, Block No. 47 situated at Mallathhalli Village, Yeshwanthpura Hobli, Bangalore North Taluk granted in favour of one late Jutta Bhovi on 10-2-1953. The Saguvali Chit was issued on 1-5-1953 under the Darkasth Rule. As per the amended Rule 43(8) of the Karnataka Land Grant Rules, 1969, then existing in the year 1953, the non-alienation condition was for a period of 20 years. However, the said granted land was sold by the wife and children of late Jutta Bhovi on 22-6-1964 in favour of one Sitharamu alias Venkataswamy for a valuable sale consideration. Subsequently, the said Sitharam alias Venkataswamy sold the said lands in favour of one L.M. Madaiah on 22-7-1964 for a valuable sale consideration. It is stated that ever since the sale, L.M. Madaiah, after his death his son who is the appellant herein is enjoying the
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