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2021 Supreme(Kar) 829

SATISH CHANDRA SHARMA, S.VISHWAJITH SHETTY
Srinivas Murthy, Since dead by his Lrs. – Appellant
Versus
State of Karnataka, Represented by the Deputy Commissioner, Chikkaballapura District, Chikkaballapura – Respondent


Advocate Appeared:
For the Appellant :Sri Chetan Desai, Advocate.
For the Respondent:Sri S.S.Mahendra, AGA, Sri N.K.Ramesh & Sri Murali.S., Advocates.

JUDGMENT :

1. This writ appeal is filed challenging the order dated 12.01.2021 passed by the learned Single Judge of this Court in W.P.No.5604/2018 (Sri Srinivas Murthy, since dead by his LRs Vs. State of Karnataka & others).

2. For the sake of convenience, the parties are referred to as per their rankings in the writ petition.

3. Brief facts of the case are, one Mugappa was granted 3 acres of land in Sy. No.10/P60 situated at Balajigapade village, Nandi Hobli, Chikkaballapura Taluk (hereinafter referred to as ‘the land in question’), on 29.10.1977. The saguvali chit in respect of the granted land in question was issued to the original grantee on 18.06.1984. As per the grant condition, there was a non-alienation clause for a period of 15 years in respect of the land in question. In violation of the same, the land in question was sold by the original grantee under a registered sale deed dated 14.08.1989 in favour of T.Nagabhushana. The said T.Nagabhushana, subsequently under a registered sale deed dated 05.02.1991 sold the land in question in favour of Sri Srinivas Murthy. The respondents 3 & 4 who are the wife and son of the original grantee – Mugappa, in the year 2006 filed an applic

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