You are on page 1of 3

Title Flow Chart

Originally Property in Sy. No. 76/3 measuring 01 Acre 31 guntas was owned and possessed by
Sri. Chowrayalappa

Said Chowrayalappa had 2 sons namely Mariyanna and Rajappa. Said Rajappa died leaving behind his son and
daughter namely Chowrayalappa and Balamma.

Partition Deed dated 21-12-1945 was executed between Mariyanna and Chowrayalappa

Mariyanna Chowrayalappa
Sy. No. 76/3 Sy. No. 76/3
Allotted 20 guntas Allotted 01 Acre 11 guntas

Sale Deed 18-12-2003 01.11 Acres in Sy.No. 76/3A Acquired


sold 01.11 acre for Vyalakaval Housing society (Land
Mr. Kariyappa Acquisition Notification No. RD 183 AQB 82
dated 21-02-1986.

RTC and Mutation entries Cancelled acquisition Notification


In the name of Kariyappa

re-notification No. LAQ(1):SR 1/99-2000 dated 28-07-1999,


acquitted land in Sy. No. 76/3A

In CA. No. 1930/2012 (clubbed with 1931 and 1932) arising


from SLP’s 24978/05, 25309/05 and 4059/06, Apex Court has
set aside the re-notification No. LAQ(1):SR 1/99-2000 dated
28-07-1999

Vide. G.O No. RD72 AQB 2000 dated ……………2001 re-


notification No. LAQ(1):SR 1/99-2000 dated 28-07-1999 was
cancelled and land restored to Erstwile land Owners.
Observations:
1. Mr. Chowrayalappa and his family members sold 01 Acre 11 guntas in Sy. No. 76/3A to Sri.
Kariyappa vide Sale Deed dated 18-12-2003 egistered as Doc. No. 361`95/03-04. In the
said Sale Deed nowhere it is mentioned that Purchaser Sri. Kariyappa is nominee of
Shakthi Developer and Promoters. Legally Mr. kariyappa has purchased the said land in
his individual capacity. So quashing proceeding is nothing to do with this transaction.
2. In G.O No. RD72 AQB 2000 dated 2001, Land Acquisition re-notification No. LAQ(1):SR
1/99-2000 dated 28-07-1999 is Cancelled, but in the said G.O. the name of the land owner
in respect of Sy. No. 76/3A is wrongly shown as Appaianna S/o Lt. Nanjundappa. Why
?
3. In Compliance report filed by Vyallikaval Housing Society in CA No. 1930/2012 it is
clearly stated that land in Sy. No. 76/3A measuring 01 Acre 11 guntas has been
purchased by Sri. Kariyappa under a registered Sale Deed dated 18-12-2003 and
conversion of the said land is also obtained obtained from the Deputy Commissioner
and in this regard Mr. Kariyappa has spent a Rs. 22,48,00/-, further sites have been
formed in the said land and registered in favour of the embers of the society.
4. Quashing the Land Acquisition re-notification No. LAQ(1):SR 1/99-2000 dated 28-07-
1999 in respect of 52 Acres applies only to land acquired by Govt. for Vyalaikaval
Husing society under the said notification, but not applies to private purchases if
purchased by any individual or developer. In case of Sy. No. 76/3A the land has been
purchased by Mr. Kariyappa in his individual capacity not on behalf of the society or
Govt. under the said notification.
5. The fact that the Sale Deed dated 18-12-2003 executed by Chowrayalappa and others in
favour of Mr. Kariyapp has not been subject matter or issue in any of the writ petitions
and Civil appeals before the Apex Courts, and further the said sale Deed transactions
has not been disclosed in the courts, except in the compliance affidavit filed by the
Vyalikaval Society.
6. Some of the land Owners challenged Land Acquisition Notification No. RD 183/AQB
1982 dated 21-02-1986, before the High Court of Karnataka vide WP No. 8194/1987,
7898-7903/1991, 13313-14/1991, 15855/1991, 11607-11609/1994, 6421-6428/1994,
9815/1994, 22370/1994, 18235/1994, 18199-200/1994, 19562/1995 and 12105/1996. The
High Court allowed these Writ Petitions and quashed the acquisition proceedings in
espect of the lands of the Writ petitioners to the extent of 52 Acres 17 guntas and not in
respect of entire extent of lands. So in so far as land in Sy. No. 76/3A is concerned
whether land owner Chowrayalappa filed any of the Writ petitions referred above ? if
not then the orders passd in said WPs doesnot apply to land in Sy. No. 76/3A. Sl No. 2

Entries in Revenue Records:

7. Index of land: reflects name of Chowrayalappa S/o Rajappa in respect of land measuring 01 Acre
11 guntas in Sy. No. 76/3A
8. Record of tenancy and Crops ( RTC) for the year 1982-83 to 1986 reflects the name of
Chowrayalapp in respect of land measuring 01 Acre 11 guntas in Sy. No. 76/3
9. RTC for the year 2004-05 to 2016-17 reflects the name of Kariyappa S/o Chikkanna in respect of
land measuring 01 Acre 11 guntas in Sy. No. 76/3.
10. Mutation Register bearing M.R. No. 87/2003-04: as per sale Deed bearing Doc. No. 361`95/03-04
dated 18-12-2003 the name of the Purchaser Sri. Kariyappa S/o Chikkanna was mutated and
effected in the revenue records.

Required Documents:

11. Encumbrance Certificate for the period 01-04-2004 to till date.

You might also like