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2011 Supreme(Kar) 145

D.V.SHYLENDRA KUMAR
Mohankumar, Bangalore – Appellant
Versus
Special Deputy Commissioner, Bangalore District – Respondent


Advocates appeared:
For the Petitioner:T.S. Amar Kumar & Prashanth, Adv. for M/s. Lawyers Inc. Advocate.
For the Respondent: R Omkumar, AGA for R1 & R2, Siddagangaiah, Dhananjaya & Manjunath, Adv. for R3 & R4, P.M. Narayanaswamy, Adv. for R11 (A-d), R5 to R7, R9, R10, R11 (e) are served.

Judgment

1. These writ petitions are a typical illustration as to how the purpose or intent of social welfare legislation can be effectually thwarted by obstructing property owners who have acquired interest in the meanwhile, for sustaining their possession and ownership of lands-in spite of social welfare legislation enacted by the legislature and if not totally avoided, ultimately inevitable at least to prolong and postpone the inevitable event for as long a period as is possible, so that their continued possession and enjoyment of subject land is retained for as long a period as possible!

2. While on can take a broad and liberal view of such tendency of the part of the persons who might have bona fide acquired agricultural lands on payment of valuable considerations and might have thereafter effected considerable improvement in such lands and could have even got lands converted to non-agricultural purposes etc., there still remains a question mark on their bonafides as before acquiring any immovable property involving investment of large sums, it is expected that the purchaser will ascertain the vendors having a proper transferable right, title and interest in the subject land a









































































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