G KRISHNAREDDY Vs. SAJJAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.10.1998 passed by the Division Bench of the Karnataka High Court in Writ Appeal No. 3269 of 1998 dismissing the Writ Appeal filed by the Appellant.

(2.) Brief facts leading to the filing of the case are that the disputed land was allotted through a grant by the State of Karnataka to one Smt. Munemma on 08.01.1957 with a condition prohibiting any alienation of the land for a period of 15 years. Gopalappa, late father of the Appellant herein, purchased the said land from Smt. Munemma under a registered sale deed dated 20.12.1968.

(3.) In view of the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "the Prohibition of Transfer Act") Smt. Munemma made an application under the said Prohibition of Transfer Act for the resumption of the land in question on the ground that it was purchased by Gopalappa, late father of the Appellant, in violation of the prohibition clause of the grant. By passing an order dated 07.06.1984 Assistant Commissioner allowed the application filed by Smt. Munemma which was also confirmed by the Deputy Commissioner in appeal. Against the said order of the Deputy Commissioner the predecessor-in-interest of the Appellant filed a Writ Petition before the Karnataka High Court, which remanded back the matter to the appropriate authority for its disposal in accordance with law. Pursuant thereto the Assistant Commissioner after conducting an enquiry vide its order dated 10.10.1995 held that the purchaser is in possession of the land for more than 12 years which decision was further confirmed in appeal by the Deputy Commissioner. Against the aforesaid order a Writ Petition was filed by the heirs of the original grantee which was registered as Writ Petition No. 26848/1997.