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2017 Supreme(Kar) 65

R.S.CHAUHAN
C. KEMPAIAH S/O. LATE CHIKKATHIMMAIAH – Appellant
Versus
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner: SRI G.V. SHASHI KUMAR
For the Respondents: SRI A.K. VASANTH

ORDER :

Aggrieved by the order dated 30-6-2016, passed by the Karnataka Appellate Tribunal, whereby the learned Tribunal has dismissed the petitioner’s appeal under Section 443A of the Karnataka Municipal Corporations Act, 1976 (for short, ‘the K.M.C. Act’), the petitioner has approached this Court.

2. The brief facts of the case are that the petitioner is the absolute owner and is in possession of the property bearing Survey No. 50/4, situate within the limits of Ward No.8 of K.G. Kothihosahalli, Kodigehalli Main Road, Bengaluru. The said property was acquired by the petitioner’s father in pursuance of an order dated 18-3-1959 passed by the Special Deputy Commissioner for Abolition of Inams. Since his father was in possession of 2 guntas in Survey No. 50/4, he was registered as a permanent tenant under Section 5(1) of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. After the death of his father, he has succeeded to the property. Initially, the property was within the limits of Kodigehalli Village Panchayat. Subsequently, it came within the limits of Byatarayanapurua, C.M.C.

3. One Mr. Ravi addressed a letter dated 21-4-2014 to the Executive Engineer, B.B.M.P., cont







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