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2014 Supreme(Kar) 329

ANAND BYRAREDDY
Arathamma – Appellant
Versus
State of Karnataka, Department of Housing and Urban Development – Respondent


Advocates Appeared:
For the Petitioners:Ashok Haranahalli, Senior Advocate for Manmohan P.N., Advocate.
For the Respondents:R1 & R3, H. Anantha, Government Pleader, R2, P.S. Manjunath, T.P. Vivekananda, Advocates.

Judgment

1. The petitioners are said to be owners of land bearing survey no.264 measuring 6 acres 5 guntas at Hinkal, Kasaba hobli, Mysore Taluk and district. The said property is claimed to have been acquired by one Monda @ Thammaya, son of Venkata. The said property is said to have been mutated as "beellu" in the revenue records, as per Order dated 28.4.1988. Prior to the said date, the RTC in respect of the property is said to have reflected the name of Monda. The petitioners claim as the legal heirs of Monda.

The second respondent is said to have issued a notification dated 1.4.1981 proposing to acquire the property bearing Survey No. 264 measuring 6 .05 acres for the purpose of formation of a residential layout, Vijayanagar extension. In the notification, the name of the father of Monda, namely, Venkatasubbaiah was said to have been shown. And within brackets "beellu" was said to have been mentioned. The said notification was said to have been followed by a final notification dated 29.3.1984. The third respondent is said to have passed an award dated 21.4.1986. It is also stated that the above notifications were issued without obtaining prior sanction of the State government.





















































































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