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1996 DIGILAW 619 (KAR)

D. SAMBASHIVA RAO v. DEPUTY COMMISSIONER OF REVENUE, BELLARYDISTRICT, BELLARY

1996-10-24

CHANDRASHEKARAIAH

body1996
CHANDRASHEKARAIAH, J. ( 1 ) THE petitioner in this writ petition has sought for quashing of Annexure-C wherein the name of janatha gniha nirmana has been entered in the mutation and also in the cultivators column even though the said land which was notified earlier has been denotified under notification dated 20th may, 1992. The petitioner in this case has produced the sale deed under which he purchased the land in survey No. 115/3. The total extent of land in survey No. 115/3 measures 10 acres 6 cents. That was notified for acquisition for the purpose of providing house sites for the weaker Section under the scheme. Thereafter the petitioner's proceedings with respect to the above extent of land was cancelled under notification dated 20th may, 1992. After cancellation or dropping of the proceedings relating to this land, the petitioner has purchased a bit of land in survey No. 115. The revenue authorities without noticing the dropping of the proceedings relating to the above survey number, has entered the name of janatha gruha nirmana as per the mutation entry No. 7 of 1996-97, dated 8-8-1996 and also entered the above janatha gruha nirmana in the cultivators column. This entry is without notice either to the petitioner or to the vendor. Therefore, it is just and necessary to declare the above said entry as illegal. Accordingly this writ petition is allowed directing the authorities to delete the name of the janatha gruha nirmana in the r. t. c. column relating to survey No. 115/3 of anathashayana gudi, hospet taluk. However if the said land is subsequently acquired by the state government, the authorities may take appropriate steps with reference to the said acquisition. Writ petition is allowed. The learned government pleader is permitted to file memo of appearance within four weeks from today. --- *** --- .