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2024 Supreme(Online)(KAR) 23795

HIGH COURT OF KARNATAKA
MR HEMANT CHANDANGOUDAR, J
SRI H GANGAPPA S/O LATE HUCHAPPA – Appellant
Versus
THE STATE OF KARNATAKA REVENUE DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: SRI. DALWAI VENKATESH
For the Respondents: SMT. HEMALATHA

Table of Content
1. background on land ownership and ulc act (Para 1 , 2 , 3)
2. arguments on possession and delay (Para 4 , 5 , 6)
3. court considers legal points for decision (Para 7 , 8)
4. legal interpretations on possession and vesting (Para 9 , 10 , 12 , 13 , 18 , 19)
5. court's analysis of procedural validity in possession (Para 11 , 14 , 15 , 20 , 21 , 22)
6. final order and implications for parties (Para 27 , 28 , 30)

ORDER

Petitioner's father was the owner of the land in Sy.No.1/7 measuring 1 acre 12 guntas situated at Somashettihalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru. During his life time, he had filed a declaration under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 ( for short " Act, 1976"). The then Competent Authority in exercise of the power conferred under Section 10 (3) of the Act, 1976, declared that the father of the petitioner was holding excess land to an extent of 3497 Sqmt in Sy.No.1/7 of Somashettihalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru and vested the excess land with the Government.

2. The Urban Land (Ceiling and Regulation) Act, 1976 was repealed by the Urban Land (Ceiling and Regulation)

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