THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:27.09.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.18865/2016 AND PLEASE TO ALLOW THE WRIT PETITION AS PRAYED FOR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T M NADAF)

This intra-Court appeal under Section 4 of the Karnataka High Court Act, 1961 by the unsuccessful petitioner, challenging the order dated 27.09.2024 passed by the learned Single Judge in W.P.No.18865/2016. The learned Single Judge under the impugned order dismissed the petition filed by the petitioner.

The parties are referred to as per their ranking before the learned Single Judge.

The petitioner filed W.P.No.18865/2016 seeking for the following reliefs:

"(a) TO ISSUE a writ of certiorari or any other appropriate writ, direction or order Quash that the acquisition proceedings initiated by the Respondents preliminary notification vide No.HCPM/BDA/ALAO/S/11/78-79 dated 27.06.1978 which was published in Karnataka Gazette Notification dated 05.05.1977. A copy of the preliminary notification is here with produced at Annexure-J. Which was followed by way of issue of Final notification vide No.HUD 567 MNX 1984 Dated 09.01.1985 published in Karnataka Gazette dated 01.03.1985 as per Annexure-K have respectively have Scheme lapsed in respect of property in question, consequently Annexure J & K have liable to be quashed in so far as the property in question i.e., bearing site No.1, H.L.Khatha No.720, property No.40/5B in Sy.No.40/5B situated at Hennur Village, Kasaba Hobli, Bangalore North Taluk. Measuring East to West 93+75/2 Feet and North to South 62 Feet totally measuring 5208 Sq feet is concerned.

(b) TO ISSUE a writ of certiorari of any other appropriate direction or order to quash the allotment Letter vide No.BDA:UK4/HBR/1-4/1315/A/2015-16 dated 18.11.2015 issued by the Respondent No.5 as per Annexure-R and also Lease Cum Agreement of Sale dated 23.11.2015 executed by Respondent No.4 in favour of Respondent No.5 as per Annexure-T.

(c) TO GRANT any other reliefs as this Hon'ble Court may deemed fit, under the facts and circumstances of the case including cost of this proceedings, in the interest of justice."

It is the case of the petitioner that the land originally bearing No.40/5B measuring 40 guntas of Hennur Village, Bangalore North Taluk belongs to Elizebeth Philip. She has executed General Power of Attorney (GPA for short) in favour of Philip Nainan. The GPA holder has executed a registered sale deed dated 23.08.1980 as per Annexure-A, in respect of the land in favour of Pallaniammal, W/o N.Chellamuthu, Raja S/o N.Chellamuthu (minor represented by his father and natural guardian), Sri.N.Chellamuthu, Sri.Marimuthu, S/o A.Nallaswamy, Smt.Malaimmal, W/o Marimutu.

It is the further case of the petitioner that in a registered partition deed dated 22.11.2000, among the members of Chellamuthu, Marimuthu and their sisters, property bearing Site No.1, House list Khatha No.720, Property No.40/5B in Sy.No.40/5B situated at Hennur Village, Bangalore North Taluk, which is item No.1 in 'A' Schedule property fallen to the share of Chellamuthu. After the death of Chellamuthu, the petitioner purchased the property under registered sale deed dated 13.11.2002 executed by the legal heirs of Chellamuthu i.e., Palaniammal, Loganathan, Mrs. Poogodi, C.Vijaya, C.Ranya. After the sale deed, the petitioner has paid Betterment charges to the concerned authorities and also paid tax to the CMC Bytarayanapura for the year 2003- 2004. He has also paid tax to the Bruhath Bangalore Mahanagara Palike for all the years right from 2007-08 to till 2014-15. The CMC Byatarayanapura has also issued Assessment Register for the year 2003-2004, 2005-2006 showing the name of the petitioner in the said register