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2013 Supreme(Kar) 680

A.N.VENUGOPALA GOWDA
Wajid Pasha – Appellant
Versus
Chairman, Bangalore Development Authority – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Sri Ilyas Hussain, Adv.
For Respondents/Defendant: Sri M. Karunakaran, Adv. for R1, Sri S. Lakshmi Narayana, AGA for R2, Sri Soma Sundara Dikshit & Sri S.V. Srinivasa Murthy, Advs. for R5

ORDER

A.N. Venugopala Gowda, J.

1. According to the petitioner one K.T. Venkatesh son of late K.R. Tukarama Rao was granted occupancy rights on 31.08.1979 in respect of 16 guntas of land in Sy. No. 172/2A of Bilekahalli Village, Begur Hobli, by the Land Tribunal, Bangalore South Taluk and a certificate of registration in Form-10 was issued on 17.08.1982. Petitioner claims that K.T. Venkatesh executed an agreement of sale dated 19.06.1996(Annexure-F1) in his favour, agreeing to sell, out of the said property, an extent of 100 ft. east-west and 70 ft. north-south and delivered possession of the property. Petitioner claims that, K.T. Venkatesh also executed a deed of General Power of Attorney dated 19.06.1996 (Annexure-F) in his favour, in respect of the said property and thus, he has been in possession and enjoyment of the property by paying the tax to Bommanahalli CMC. According to the petitioner, BDA formed four sites in the said 16 guntas of land, without any authority of law and allotted the same to respondent Nos. 3 to 6. In this writ petition, petitioner has sought for a declaration that he is in possession and enjoyment of 16 guntas of land and for quashing the allotment of the












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