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2023 Supreme(Kar) 224

SURAJ GOVINDARAJ
M. Raju, S/o. Mr. G. Murageppa – Appellant
Versus
State of Karnataka, Through Addl. Chief Secretary, Ministry of Urban Development – Respondent


Advocates Appeared:
For the Petitioner: Sri. Siddharth B. Muchandi.
For the Respondents: Sri. A.V. Gangadharappa, Sri. Nityananda K.R., AGA.

ORDER :

1. The petitioners are before this Court seeking for the following reliefs :

    1.1. Quash the notice dated 28.08.2019 (Annexure-J) issued by the Chief Engineer, Shivamogga Mahanagara Palike, Shivamogga i.e., Respondent No.4, directing the petitioners to relinquish land to an extent of 109.80 sq. metrs free of cost, and consequently, quash the relinquishment deed dated 31.08.2019 obtained from the petitioners (Annexures-K), and

1.2. Pass any such order or direction as this Hon'ble Court deems fit in the facts and circumstances, to meet the ends of justice.

2. Site No.46 measuring 60 x 100 feet situated at Durgi Gudi Badavane, Shivamogga was purchased by one Mrs. Girijamma, the mother of the petitioners, on 30.09.1957 under a registered sale deed. On 24.09.1974, a registered partition was effected, out of the said extent, 60 x 50 feet fell to the share of the said Girijamma and the remaining was divided among the petitioners to an extent of 25 x 60 feet in favour of petitioner No.1 and 25 x 60 feet in favour of petitioner No.2.

3. The said Girijamma executed a Will dated 15.11.1991, her share in the plot measuring 60 x 50 feet came to the share of petitioner No.1 and petitioner No.2

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