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2024 Supreme(Online)(KAR) 18963

HIGH COURT OF KARNATAKA
MR JUSTICE HEMANT CHANDANGOUDAR, J
SMT. HEMAVATHI M – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
SRI. BHANU PRAKASH .H.V., ADVOCATE; SRI. P.N. NANJA REDDY, ADVOCATE; SMT. HEMALATHA .V., AGA

ORDER

The legal representatives of the deceased Venkatamma, who was the owner of the land bearing Sy.No.32, measuring to an extent of 3 acres, situated at Kammagondanahalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk, are before this Court.

2. The petitioners assert that Venkatamma, during her lifetime, filed a declaration under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act", in short). She died on 16.01.1981 and then the competent authority in exercise of power under Section 10(1) of the Act passed an order dated 15.12.1984, declaring that the declarant was holding excess land to an extent of 8140.52 sq.mtr in Sy.No.32. Thereafter, the competent authority passed an order under Section 10(3) of the Act, vesting the excess land with the Government free from all encumbrances.

3. In pursuance of the order passed under Section 10(3) of the Act, the name of the Government was mutated in the revenue records to the extent of land declared as excess land. The petitioners assert that the representation was submitted for deleting the name of the Government, stating that the order was passed against dead person and also lawful posses

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