M M MAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this appeal, the appel- lant calls in question the order dated 27/5/2003 passed by the learned single Judge dismissing the W.P. No. 12622 of 2003 filed by him chalks lenging the order passed by respondents 2 and 3 resuming the land in favour of the legal representatives of the original grantee.

(2.) THE facts of the case in brief: An extent of 2 acres of land in Sy. No. 42, Block No. 47 situated at Mallathhalli Village, Yeshwanthpura Hobli, Bangalore North Taluk granted in favour of one late Jutta Bhovi on 10-2-1953. THE Saguvali Chit was issued on 1-5-1953 under the Darkasth Rule. As per the amended Rule 43(8) of the Karnataka Land Grant Rules, 1969, then existing in the year 1953, the non-alienation condition was for a period of 20 years. However, the said granted land was sold by the wife and children of late Jutta Bhovi on 22/6/1964 in favour of one Sitharamu alias Venkataswamy for a valuable sale consideration. Subsequently, the said Sitharam alias Venkataswamy sold the said lands in favour of one L.M. Madaiah on 22/7/1964 for a valuable sale consideration. It is stated that ever since the sale, L.M. Madaiah, after his death his son who is the appellant herein is enjoying the said land.

(3.) THE learned Single Judge after considering the entire materials on record and also the judgments relied upon by the appellant herein dismissed the writ petition holding that the finding recorded by the authorities below is purely a question of fact and the same is not liable to be interfered with, by this Court. THE appellant being aggrieved by the order passed by the learned single Judge filed the present writ appeal.