LAWS(KAR)-2001-6-38

U KUMARARAJU Vs. DEPUTY COMMISSIONER KOPPAL DISTRICT

Decided On June 14, 2001
U.KUMARARAJU Appellant
V/S
DEPUTY COMMISSIONER, KOPPAL DISTRICT Respondents

JUDGEMENT

(1.) THIS petition is filed challenging the orders dated 27. 7. 1999 passed by the Assistant Commissioner in Revision No. PTCL: 100:98-99, Annexure-'f' and the Appellate order dated 25. 1. 2000 passed in Revision Appeal No, 46:98-99 as per Annexure 'g'.

(2.) THE petitioner purchased the lands to the extent of 2 acres insy. No. 25/1a in terms of a Sale Deed dated 14. 5. 1992 from respondent No. 3 Smt. Kamakshamma. The State Government alloted the land to Smt. Kamakshamma on 20. 12. 1972 as per Saguvali Chit. The Government at the time of granting the land to the said kamakshamma imposed a condition that the land shall not be alienated for a period of 15 years. After sale, she filed a petition before respondent No. 2 for cancelling the Sale Deed on the ground that she belongs to Schedule Caste and she is entitled for restoration of the land in question. The Assistant Commissioner, after hearing has allowed the petition by holding that there is violation of provision of Section 4 (2) of the Karnataka Schedule Castes and Schedule tribes (Prohibition of Transfer of certain lands) Act, 1978 (for short the Act) in hi? order. An unsuccessful appeal was filed by the petitioner before the Deputy Commissioner. These two orders are challenged before me.

(3.) I have heard Sri Vigneshwar S. Sastry, learned Counselappearing for the petitioner and the Government Advocate in the case on hand for final disposal.