S KRISHNARAMA CHOUDARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the unsuccessful writ petitioner in W.P. No. 16945/2008, being aggrieved by the order dated 29.01.2010, wherein the learned single Judge of this Court has declined to interfere with the order passed by the Karnataka Appellate Tribunal, in Appeal No. 530/2002, confirming the order passed by respondent No. 2 - Assistant Commissioner, Bangalore South Sub-Division, dated 18.06.2002 forfeiting the land purchased by the petitioner - appellant as the same is in contravention of the provisions of Section 61(1) of the Land Reforms Act, 1961, (hereinafter called the Act).

(2.) We have heard the learned Counsel appearing for the appellant and the learned Additional Government Advocate appearing for respondents 1 to 3.

(3.) The appellant purchased 01 Acre 32 guntas of land in Sy. No. 104 of Bheemanakuppe village under registered sale deed dated 29.03.1994 from respondents 7 and 8. The land purchased by the writ petitioner was part of 02 Acres 06 guntas, in respect of which, occupancy right had been granted in favour of respondent No. 6 - Sri K. Gangappa and one of the conditions imposed while granting occupancy right in respect of the entire extent of land measuring 02 Acres 06 guntas in Sy. No. 104 by order dated 12.09.1979 was that it should not be alienated for 15 years. Thereafter, there was partition between Gangappa and members of his family and 01 Acre 32 guntas fell to the share of Hanumakka and Govindaraju (respondents 7 and 8 in the writ petition). On a complaint being made, the Assistant Commissioner held after issuing notice to the appellant herein that the alienation had been made within 15 years as occupancy right was conferred on 12.09.1979 and purchase was made by the petitioner on 29.03.1994 i.e., within the forbidden period of 15 years and. only 14 years 6 months and 17 days had expired from the date of grant and accordingly, passed an order forfeiting the land to the Government and ordering that the land shall be disposed of in accordance with the provisions of Section 61(3) of the Act. Being aggrieved by the same, the petitioner preferred appeal before the Karnataka Appellate Tribunal (for short, K.A.T), in Appeal No. 530/2002 and K. Gangappa and Govindaraju also filed appeal No. 613/2002 before K.A.T.