SRI RAMACHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals came to be dismissed for non-prosecution on 26.8.2010. Misc W 8881/ 2010 and Misc W 8882/ 2010 are filed for recalling the order dated 26.8.2010 dismissing both the appeals for non-prosecution. The said applications are not opposed. Accepting the reasons assigned in the affidavits sworn to in support of the applications for recalling the order dated 26.8.2010 dismissing the appeals for non-prosecution, the same are allowed. The order dated 26.8.2010 dismissing the appeals for non-prosecution is recalled and the appeals stand restored to their original file.

(2.) The Appellants in both the appeals have preferred the above appeals against the order passed by the learned Single Judge, who has quashed the orders passed by the Special Deputy Commissioner and Assistant Commissioner, who held that the alienation in null and void and directed for resumption of the land.

(3.) The subject-matter of these appeals is the land bearing Sy. No. 68/ 19 measuring 2 acres of Kothaganahalli Village, Sarjapura Hobli, Anekal Taluk, Bangalore District. The said land was granted to one Kalappa, who belonged to the depressed class, in terms of the grant order dated 18.11.1943. The original grantee, Kalappa sold the entire land granted in favour of Venkatarama Bhovi under a registered sale deed dated 19.8.1948 in violation of the permanent non-alienation clause made in the grant order. Thereafter, the properties are subsequently alienated by way of sale and gift. Sri K.P. Ravindra Reddy, the Petitioner in W.P. No. 18611 of 2004 and Sri N. Muniyappa, the Petitioner in W.P. No. 18612 of 2004 have purchased two bits of land under the registered sale deeds.