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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Shashikala, D/o. Late Sanjeeva Gowda – Appellant
Versus
Assistant Commissioner, Puttur Sub-Division Puttur Dakshina Kannada – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding land allotment (Para 1 , 2) |
| 2. arguments concerning the legality of the allotment (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on previous orders and facts (Para 7 , 8) |
ORDER :
(E.S. INDIRESH, J.)
In this writ petition, the petitioner is assailing the order dated 28.04.2004 (Annexure-E) passed by the respondent No.1 in LND(3)/CR/11/2003-04 and order dated 11.06.2015 (Annexure-F) in Appeal No.574 of 2004 on the file of Karnataka Appellate Tribunal.
2. The relevant facts for the adjudication of this writ petition are that, the petitioner claims to be a resident of Ujire Village, Belthangady Taluk. She had made an application seeking allotment of a house site, pursuant to which, the Thasildar, Belthangadi Taluk, allotted 05 cents of land in Sy. No.214/2A11, Ujire Village. A Hakku Patra was issued in her favour on 02.10.1996. Subsequently, the said allotment was challenged by one Smt. U.M. Savitha before the Respondent No.1 in proceedings bearing S.R. No.25/1997-98, on the ground that the petitioner was a minor at the time of allotment. The said proceedings ended with rejection by respondent No.1 vide order dated 25.05.1998 (Annexure-A). It is also
The court underscored the necessity for thorough inquiry when reviewing land allotment cases, emphasizing adherence to prior judgments regarding the applicant's capacity at the time of allotment.
Delayed enforcement of allotment conditions after decades and property sales renders patta denial invalid due to non-application of mind.
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
The court emphasized the discretion of the authority to remand a matter for a fresh process under the Tenancy Act and highlighted the principle of non-interference in the absence of perversity or mat....
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