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2021 Supreme(Kar) 627

SREENIVAS HARISH KUMAR, E.S.INDIRESH
Secretary to Government, Department of Urban Development (Municipal and Urban Development Authorities) – Appellant
Versus
Ningavva – Respondent


Advocate Appeared:
For the Appellant :Shivaprabhu S. Hiremath, AGA and G.I. Gachchinamath, Advocate
For the Respondent:Anant Hegde, G.I. Gachchinamath, Advocates and Shivaprabhu S. Hiremath, A.G.A.

JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. These two writ appeals are filed impugning the order dated 28.09.2020 in writ petition Nos. 106148-106152/2018. Writ appeal 100029/2021 is filed by the State of Karnataka and writ appeal 100028/2021 is filed by Hubballi Dharwad Municipal Corporation.

2. Briefly stated, the facts are as follows:

2.1 Gadigappa Kallappa Narayanpur and Channappa Kallappa Narayanpur, the two brothers were the owners of 5 acres 26 guntas of land in block No. 339/1 of Gamanagatti village, Hubballi Taluk. The Special Deputy Commissioner initiated proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (herein after referred to as 'ULC Act' for short) in respect of the land belonging to them. One of the brothers, namely, Gadigappa Kallappa Narayanpur filed statement of objections under Section 6 of the ULC Act. Over-ruling the objections, the Special Deputy Commissioner declared that the land to an extent of 22818.2369 square meters in block no. 339/1 was the excess land possessed by the said two brothers. It was alleged that records were built up to show that the Special Deputy Commissioner took over possession of the excess land and then handed over the sam

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