KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This a classic case of the victimization of the petitioner by the dual stand taken by the Government Authorities i.e., the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and the Deputy Commissioner under the provisions of Section 136(3) of the Karnataka Land Revenue Act, 1964, is before this Court, seeking for a writ of certiorari to quash the Order dated 10.11.2011 made in RRT/(2)N(A)/CR/31/ 2008-09 passed by the 4th respondent-Special Deputy Commissioner, in exercise of power under Section 136(3) of the Karnataka Land Revenue Act, 1964, directing the authorities to remove the entries made in the name of the petitioner in respect of Sy.No.74/313 measuring 2 acres of Bandikodigehalli, Jala Hobli, Bengaluru North Taluk.

(2.) It is the case of the petitioner that the land bearing Sy.No.74/313 measuring 2 acres situated at Bandikodigehalli, Jala Hobli, Bengaluru North Taluk, was granted in favour of one Nagamma, the grand mother of the petitioner, on 04.08.1962 in No.LND 1/61-62, with a condition that the land should not be alienated for a period of ten years from the date of the grant. On 21.05.1969, before expiry of seven years, Smt.Nagamma-grantee sold the said land, contrary to the conditions of grant under the Karnataka Scheduled Castes Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. Thereafter, Nagamma filed an application under Section 4 of the Karnataka Scheduled Castes Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, before the 3rd respondent- Assistant Commissioner for restoration of the land and to declare that the sale deed dated 21.05.1969 executed by her, as null and void. The Assistant Commissioner, after hearing the parties, by the Order dated 26.09.1988 allowed the application, declared that the sale deed dated 21.05.1969 executed by Nagamma is in violation of the provisions of the Karnataka Scheduled Castes Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, as null and void and restored the land in favour of the legal representatives of the said Nagamma. The said Order dated 26.09.1988 passed by the Assistant Commissioner has reached finality. Inspite of the said Order, the purchaser did not vacate the land. Therefore, the Assistant Commissioner, by the Order dated 15.02.1992, in exercise of the powers conferred under the provisions of Section 39(ii) of the Karnataka Land Revenue Act, 1964, directed the Tahsildar to take possession of the land and to restore the same to the legal representatives of Nagamma.

(3.) Subsequently, on 14.07.1992, the Assistant Commissioner issued an endorsement/order stating that the possession of the land in question has been handed over to the legal representative of Nagamma i.e., Sri Krishnappa-present petitioner, on 21.05.1992. The said order has reached finality. In the meanwhile, the petitioner being the legal representative of original grantee-Nagamma, filed an application before the 5th respondent-Tahsildar for change of khatha in respect of the land in question, along with affidavit dated 02.04.1991. Based on the said application and affidavit, the khatha was changed in the name of the petitioner. The RTC and mutation entry also was changed in the name of the petitioner in the year 1991- 92 in M.R.No.9/91-92. The revenue entries were made in the name of the petitioner from 1993-94 onwards, till 2005-06, as per Annexure-H, and the petitioner has been in possession and enjoyment of the land in question.