KUMBAYYA Vs. DEPUTY COMMISSIONER TUMAKURU DISTRICT

JUDGEMENT

(1.) The petitioners in this writ petition have called in question the order passed by the Deputy Commissioner dated 27.04.2015, in case No.PTCL 17/06-07, directing resumption of land in favour of the legal heir of the original grantee.

(2.) For the sake of convenience, the parties would be referred to as the purchasers (petitioners) and legal heir of the original grantee (respondent No.2).

(3.) Brief facts of the case leading to the filing of the writ petition are that, a land in survey No.38, measuring 3 acres 38 guntas, situated at Basthi Katte Kaval Village, Kasaba Hobli, Gubbi Taluk, was granted to one Venkatappa @ Kariyanna the original grantee on 08.05.1957, under 'Grow More Food Scheme'. The original grantee sold the land on 28.06.1969 in favour of one H.S.Gundu Rao. For the first time, the legal heir of the original grantee instituted proceedings before the Assistant Commissioner on 22.08.1997, under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the said Act' for short), which came into force on 01.01.1979. The Assistant Commissioner considering the fact that the land was granted to the original grantee under 'Grow More Food Scheme' which is a temporary grant and there was no condition that he should not sell the land holds that the land was not sold in violation of any conditions of the grant and rejects the claim of the legal heir of the original grantee, by his order dated 17.07.2006.