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2021 Supreme(Kar) 652

ALOK ARADHE, HEMANT CHANDANGOUDAR
C. Hanumanthappa S/o Chinnappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manjunath B.R.
For the Respondents: Jeevan J. Neeralgi, K. Suman, Manmohan P.N.

JUDGMENT :

ALOK ARADHE, J.

1. In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 30.03.2007 passed by the learned Single Judge in W.P. No. 21925/2001, by which writ petition preferred by the appellant has been dismissed and the order of the land tribunal dated 25.05.2001 has been affirmed.

2. Facts leading to filing of this appeal briefly stated are that one Marulaiah purchased land bearing Sy. No. 33/2 measuring 10 acres situate at Hosakerehalli Village, Uttarahalli Hobli, Bangalore South in a public auction in the year 1958. The aforesaid Marulaiah during his lifetime, had sought for conversion of land of 7 acres out of 10 acres of land for non agricultural purpose i.e. for locating diary farm, poultry farm and agricultural industry. The Deputy Commissioner by an order dated 08.07.1968 passed under Section 95 of the Karnataka Land Revenue Act, 1964, granted conversion of 7 acres of land for non agricultural purpose. The appellant herein is the owner of an adjacent land. The aforesaid Marulaiah expired on 14.12.1974 and the land devolved on the son of late Marulaiah viz. G.V. Appaji who wa

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