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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.S.KAMAL
Minerva Mills, A Unit Of National Textile Corporation (APKKM) Ltd., Represented By Its Deputy Manager (HR) N. Narayanappa – Appellant
Versus
Estate Officer, National Textile Corporation (APKKM) Ltd. – Respondent
| Table of Content |
|---|
| 1. sale and transfer of land ownership. (Para 2 , 3 , 4) |
| 2. need for detailed inquiry and identification. (Para 5 , 10 , 16) |
| 3. undisputed ownership or boundaries in land claims. (Para 6 , 11 , 12) |
| 4. disputes over land identity and jurisdiction issue. (Para 7 , 9 , 14 , 15) |
| 5. dismissal of writ petition; case remanded. (Para 18 , 19 , 20 , 21) |
ORDER :
M.G.S. KAMAL, J.
The petitioner is before this Court being aggrieved by the order dated 23.02.2013 passed in Misc.A.No.1/2012 on the file of the XLI Additional City Civil Judge, Bengaluru and seeking consequential relief of confirmation of the order dated 17.12.2011 passed by respondent No.1-Estate Officer in Eviction Case No.NTC/EO/MI/01/11 produced at Annexures-A and B respectively.
2. Facts in brief are that, National Textile Corporation a Central Government public undertaking established under the Sick Textile Undertakings (Nationalization) Act, 1974 had acquired all the assets and holdings of the petitioner-Company. Said National Textile Corporation had published a tender notice for sale of land and building on ''as is where is basis'' and ''as is what is basis'', pursuant to which respondent No.3 participated in the ten
The court determined that disputes over land identity require adjudication by a Civil Court, emphasizing that the Estate Officer lacked jurisdiction over such matters.
The Court ruled that public authorities must provide reasons for their decisions, and failure to do so violates Article 14 of the Constitution.
Adverse possession claims over government land require substantial evidence; mere long-standing possession does not confer title, particularly where public interest is involved.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
Summary eviction under Public Premises Act, 1971, barred for bona fide title disputes; must be resolved via civil courts. GLR entries lack presumptive value over revenue records without notice and he....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
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