NARASAMMA BYRAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has come up for further orders with the understanding that it may be taken up for disposal as was the tenor of the order passed on 15.6.2011, directing the matter to be listed before the Court today after admitting the writ petition by issue of rule and permitting the respondents whether represented through counsel or otherwise to file objections, if any, to the main petition, in the meanwhile.

(2.) PETITIONERS are persons claiming as legal heirs of a grantee one Smt. Narasamma - a person belonging to depressed class community in whose favour had been granted an extent of 2 acres of land in Sy. No.11 of Pattanagere Village, Kengeri Hobli, Bangalore South Taluk in the year 1939-40 and such land had been subsequently sold by the grantee, Smt. Narasamma in favour of third respondent in this petition in the year 1972 to be precise on 23.2.1972 as per registered sale deed and after receiving consideration for the same.

(3.) THOUGH it transpires that the grantee did take such steps way back in the year 1979 itself, it only resulted in the Assistant Commissioner dropping the proceedings by erroneously recording a finding that the subject land had been transferred beyond a period of thirty years from the date of the grant and therefore the transaction is saved as the provisions of the Act are not attracted, and passed orders to this effect in the year 1985 by which time the original grantee had died in the year 1984.