ABDUL MUSHIVEER Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners in this writ petition have called in question the memorandum No.PTCL/77/11-12 dated 06.09.2011, of the third respondent Tahsildhar, Mysuru Taluk, in respect of land bearing survey No.93/17 measuring 2 acres 5 guntas in a proceedings instituted under 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).

(2.) Parties will be referred as the purchasers (petitioners) and the legal heirs of the original grantee (respondent Nos.5 and 6) for the sake of convenience.

(3.) Brief facts of the case leading to the filing of the present writ petition are that, land in survey No.93/17 situated at Belavathha Village, Kasaba Hobli, Mysuru Taluk, was granted to one Mahadevaiah on 21.01.1942, with a condition of non-alienation. In violation of the conditions, Mahadevaiah the original grantee sold the land on 03.10.1951, to one Smt. Kannamma. The said Act came into force on 01.01.1979. On the said Act coming into force, the legal heirs of the Mahadevaiah, appeared to have instituted proceedings before the Assistant Commissioner in the year 1989. The Assistant Commissioner is said to have allowed the claim of the legal heirs of the original grantee by his order dated 21.09.1990.