H M HANUMANTHARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants are aggrieved by the order dated 19. 7. 1999 passed by the Learned Single Judge, who did not find any error in the order dated 31. 1. 1997 (Annexure 'n') passed by the respondent special Deputy Commissioner, who had directed for cancellation of names of the appellants in the revenue records and restoration of the names of the original grantees.

(2.) THE dispute relates to certain extent of land in Sy. No. 46 of Kaggaiipura village, Uttarahalli Hobli, Bangalore South Taluk. These lands were granted to various persons as set out in the schedule to the order of grant with extent of grants. The grants were made under the provisions of the Karnataka Land Grant Rules, 1969 (in short the 'rules') framed under the provisions of the Karnataka Land revenue Act, 1964 (in short the 'act' ). The appellants are the purchasers of the land in question from some of such grantees for consideration under the registered sale deeds.

(3.) IT appears that after purchase of the land in question, the appellants got their names mutated in revenue records as per the provisions contained under Section 128 of the Act. Subsequently, by the order dated 31. 1. 1997 purported to have been passed under section 136 (3) of the Act after notice to the appellants, their names had been directed to be cancelled in the revenue records and names of the original grantees were directed to be restored. The reason assigned in the order is that since the appellants and some other similarly situated persons had purchased the land in question in violation of non-alienation clause, as incorporated in the grant made to the original grantees, therefore they have not acquired any valid title and therefore their names could not have been mutated in the revenue records.