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1994 DIGILAW 67 (KAR)

R. NEELAKANTA RAO v. BANGALORE CITY CORPORATION, BANGALORE

1994-03-09

L.S.SREENIVASA REDDY

body1994
L. S. SREENIVASA REDDY, J. ( 1 ) THE COURT, MADE THE FOLLOWING: order ON I. A. II i. A. II IS FILED BY THE 2nd RESPONDENT FOR VACATING INTERIM order MADE ON 2-2-1993, STAYING THE OPERATION OF ANNEXURE-D, dated 31-12-1992 (RESOLUTION NO. 293 OF 1992 ). THE 1st RESPONDENT IN ITS COUNTER HAS STATED THAT A SMALL BIT of LAND, LEASED IN FAVOUR OF THE 2nd RESPONDENT, IS AT A DISTANCE OF ten FEET AWAY FROM THE FOOTPATH AND 24 FEET AND 6 INCHES FROM the RAJARAM MOHAN ROY ROAD EDGE. THE SAID LEASE PORTION OF THE land EXCLUSIVELY BELONGS TO THE CORPORATION OF THE CITY OF bangalore AND NO OTHER PERSON OR PERSONS ARE HAVING ANY RIGHT over THE SAID LAND. THE PETITIONER HAS NOT PRODUCED ANY documents TO SHOW THAT THE LAND THAT HAS BEEN LEASED IN FAVOUR of 2nd RESPONDENT AS PER ANNEXURE-D RESOLUTION NO. 293 OF 1992 BELONGS TO HIM. BE THAT AS IT MAY IT HAS BEEN STATED IN annexure-C THAT THE BOUNDARY BETWEEN THE CORPORATION LAND and THE PROPERTY OF THE PETITIONER HAS BEEN PROVED. ANNEXURE-C does NOT HELP THE PETITIONER IN ANY WAY TO ESTABLISH THAT THE property THAT HAS BEEN LEASED IN FAVOUR OF THE 2nd RESPONDENT belongs TO HIM AS PER ANNEXURE-D. DURATION OF LEASE IN FAVOUR OF 2nd RESPONDENT IS ONLY FOR A PERIOD OF THREE YEARS. IN MY VIEW THERE IS NO MERIT IN THIS WRIT PETITION AND THE interim STAY MADE ON 2-2-1993 IS HEREBY VACATED. IF THE petitioner HAS ANY GRIEVANCE AGAINST THE LEASE UNDER CHALLENGE he MAY APPROACH THE CIVIL COURT FOR ESTABLISHING HIS RIGHT OVER the LEASED PROPERTY. IN VIEW OF THIS ORDER NOTHING REMAINS FOR CONSIDERATION AND the WRIT PETITION IS DISMISSED ACCORDINGLY. --- *** --- .