JAYAMMA W/O SIDDEGOWDA Vs. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, THE DEPUTY COMMISSIONER, THE TAHASILDAR AND SIDDAIAH S/O MARIYAPPA S/O MARIYAPPA

JUDGEMENT

(1.) APPELLANT had filed, writ petition questioning an order dated 26.05.2009 (Annexure - G) passed by the 2nd respondent - Deputy Commissioner, whereunder, the appeal filed by the 4th respondent herein, against an order passed by the 1st respondent herein, was allowed. The writ petition having been rejected, this appeal has been filed.

(2.) TWO acres of land in Survey No. 245 of Kuduregundi Village in Maddur Taluk of Mandya District was granted to the father of 4th respondent, who was a member of Schedule Caste community. Pursuant to the grant, a saguvali chit was issued, which has a condition of non -alienation for a period of 10 years with effect from 21.05.1955. Appellant's husband, Siddegowda purchased the said land under two sale deeds dated 08.08.1966 and 11.09.1967. 4th respondent filed a petition before the 1st respondent to declare the sale deeds as null and void, in exercise of the jurisdiction under The Karnataka Scheduled Caste and Schedules Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act').

(3.) LEARNED Single Judge, having considered the matter, has held that, no exception can be taken to the reasons, findings and conclusions arrived at by the Appellate Authority in the order impugned in the writ petition and since the delay in filing the appeal has been condoned by the Appellate Authority in exercise of the discretion, which was not shown to be malafide or illegal, has refused to interfere with the matter and has rejected the writ petition.