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2024 Supreme(Online)(KAR) 29570

HIGH COURT OF KARNATAKA
ANU SIVARAMAN, J
THIRUMALAIAH – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent


Petitioner Advocates:RAVI H K ,Respondent Advocate:

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is preferred against the judgment of the learned Single Judge dated 13.12.2021 in W.P.No.35549/2010 (SC-ST).

2. The petitioners had filed the writ petition challenging the orders passed by the first respondent on 18.05.1993 and 25.05.1993, by which the appeal filed by the predecessor in interest of the private respondent had been allowed and the order of the second respondent had been set aside.

3. It was the case of the petitioners that Thirumalaiah and Thimmaiah are brothers, being the sons of Dasaiah and were working as bonded labourers under the third respondent - Chaluvegowda. It is stated that Thirumalaiah and Thimmaiah were granted 4 acres of land each in Sy.No.35 of Chitanahosahalli Village of Channarayapatna Taluk, Hassan District vide order of the Tahasildar dated 23.01.1962. The third respondent got his land exchanged in Sy.No.11/1 and Sy.No.11/2 of Pothanahalli village which was purchased by him from the petitioners under a registered sale deed dated 16.04.1959. The Saguvali Chits issued to Thirumalaiah and Thimmaiah were produced as Annexure-C and Annexure-D, respectively. It is contended that due to their

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