P. BASAVA SHANKARA RAO Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Government Advocate. The learned Counsel for the petitioner remains absent.

(2.) IT is stated that the petitioner is the owner of property bearing Survey No. 1018/H, measuring 1 acre 60 cents and Survey No. 1018/I, measuring 3 acres 60 cents at Kudathani village, in Bellary district. The petitioner claims to have purchased the property under a registered sale deed in the year 1995 from one Chidananda and his name is reflected in the revenue records and he has been cultivating the land over the years. The above said property was said to have been initially granted in favour of Begara Sannathimmappa on 29.9.1936 under the Madras Board Standing Orders. Begara Sannathimmappa is said to have sold the said land in favour of one Sanna Shetty and Thippanna Shetty in the year 1958, who in turn, had mortgaged the lands in favour of one Kandre Basappa and subsequently sold the lands in favour of Kandre Basappa in the year 1968. After the death of Kandre Basappa, the lands were said to have been transferred in the name of Kandre Venkata Laxmamma, who had sold the property in favour of Chidanandappa and Chidanandappa had, in turn, sold the property in favour of the petitioner.

(3.) IN a similar circumstance, a writ petition was filed in WP 3528/2002 in Hospet Thippanna and another v. Jattappa and others, and that was dismissed by an order dated 31.3.2004. Against which, a writ appeal was filed in WA 2887/2004, which was also dismissed, by a judgment dated 6.12.2006.