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2013 Supreme(Kar) 323

MOHAN M.SHANTANAGOUDAR
Narayana Rao – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Petitioner:R.B. Sadashivappa, Advocate.
For the Respondents:R1 to R4, E.S. Indiresh, Govt. Advocate, R5, Udaya Holla, Sr. Counsel for K.N. Puttegowda, Advocate.

JUDGMENT

1. The petitioner has sought for quashing the auction notice dated 30th November 2005 issued by 3rd respondent vide Annexure-L. The petitioner has also sought for a direction to relax the condition for the purpose of regularisation of his unauthorized occupation over the land in question situated in the outskirts of Ramanagaram City. Certain consequential reliefs are also sought for.

2. The case of the petitioner is that he is in unauthorized cultivation of agricultural land bearing Sy.No.55 measuring 1 acres 14 guntas of Jiginahally and 0.12 guntas in Sy.No.83 of Bolappanahalli village, Kasba Hobli, Ramanagaram Taluk, Bangalore Rural District since 40 years; he has been paying necessary land revenue to the Government regularly; he has raised coconut and mango trees apart from teak trees in the land. The lands in question are belonging to the State Government, since he is in unauthorized occupation of the land for more than 40 years, he made an application for regularisation of his unauthorized occupation under the provisions of Karnataka Land Revenue Act, 1964; the Land Grant Committee granted the prayer of the petitioner and consequently the unauthorised occupation of la











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