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2017 Supreme(Kar) 860

R.S.CHAUHAN
Tulasamma – Appellant
Versus
Government of Karnataka, Represented by the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:V. Bharath Kumar, Advocate.
For the Respondent:Savithramma, HCGP, Venkatesh P. Dalawai, K.V. Manjunath, K. Suman, A. Sanath Kumar, Basavaraj V. Sabarad Advocates.

JUDGMENT :

1. The petitioners have challenged the legality of the order dated 10.07.2013, passed by the Deputy Commissioner, Bangalore Urban District, whereby according to the petitioners, the learned Deputy Commissioner had initially granted a stay in their favour, but subsequently had crossed out the stay order, and substituted it with the order "issue notice to hear whether to give a stay".

2. This case has a long and a checkered history, although the issue before this court is a short one.

3. The petitioners happen to be the wife, the married daughter, and the son of one Late Munishamaiah @ Munishamappa @ Sadu Munishamappa. According to the petitioners, since Munishamappa was a member of scheduled caste, in 1946 he was granted a land situated in Old Sy.No.7, New Sy.No.46, located in B.K. Palya Village, Jala Hobli, Bangalore North Taluk. The land was granted under the Mysore Land Revenue Code, 1888 ('the Code', for short). The land admeasured six acres.

4. Despite the fact that according to the terms of the grant, the land could not be alienated for fifteen years, on 25.08.1946, Mr. Munishamappa sold a parcel of the land, to the extent of three acres, to one Mr. Thimmaiah. On 05.12.


































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