RAMACHANDRAPPA Vs. VENKATARAYAPPA

JUDGEMENT

(1.) The land measuring 4 acres in Survey No. 159 of Gadigavarapalli village, Chilakalanerpu Hobli, Chintamam Taluk, Kolar District, came to be granted by the Tahsildar to the 1st respondent who belonged to Scheduled Caste on 6-8-1961 with a condition that the same shall not be alienated within 15 years from the date of grant. The grantee sold 2 acres of the said land to the petitioner on 4-7-1969.

(2.) After coming into force the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, the 1st respondent filed an application before the Assistant Commissioner requesting (1) that the sale transaction between him and the petitioner dated 4-7-1969 be declared as void and (2) that the land be restored to him on the ground that the sale transaction hit by the provisions of 1978 Act.

(3.) On the basis of the said application, the Assistant Commissioner after verifying the records came to the conclusion that at the time of grant the non-alienation condition imposed was far a period of 15 years, whereas the sale took place within that period. Thus he held that the said sale hit by the provisions of 1978 Act. While so ordering he directed the land to be restored to the 1st respondent. On an appeal before the Deputy Commissioner by the petitioner, for the first time the contention was taken that the 1st respondent did not belong to Scheduled Caste either on the date of grant or on the date of sale, as, according to the petitioner, the 1st respondent's caste on the date of grant was 'Bovi' and not 'Bhovi'. While so contending it was argued by the petitioner before the Deputy Commissioner that the order of the Assistant Commissioner be set aside holding that 1978 Act has no application to the transaction between himself and the 1st respondent in respect of the land in question. The said contention of the petitioner regarding the 1st respondent's caste was answered by the Deputy Commissioner to the effect that the 1st respondent belonged to Bovi Caste which is a Scheduled Caste and there was a non-alienation clause imposed for a period of 15 years. Then the Deputy Commissioner passed an order dismissing the appeal filed by the petitioner thus confirming the order of the Assistant Commissioner. These two orders are under challenge in this writ petition.