GANGARAMAPPA VENKATARAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revenue officials in the Karnataka State Government are a law unto themselves, they have absolutely no regard or respect for law, leave alone having the commitment for passing orders in consonance with the statutory provisions. An Asst. Commissioner is a statutory functionary because of his office who is required to function as the first authority to hold an enquiry and to resume the lands which had been granted in favour of persons belonging to depressed classes the scheduled caste/scheduled tribe communities, if such land had either been sold in violation of the terms of the conditions of the grant before the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short 'the Act') coming into force or thereafter apart from the violation, if the land is sold without obtaining the prior permission of the State Government as contemplated in Sub-section (2) of Section 4 of the Act.

(2.) One such land being in an extent of 2 acres located in Old Sy. No. 33, New Sy. No. 99/3 situate at Kamasetty Halli village Chikkaballapur Taluk presently Chikkaballapur District, which had been granted in favour of one Narasappa alias Narasiga in the year 1937 to be precise on 4.12.1937 as per a darkasth proceedings grant order No. AKDR:07/1935-36 with certain conditions regarding alienation of the subject land to others, though had been retained by the said Narasiga for a fairly long time had been sold in favour of the 5th Respondent in this writ petition, a person by name S.A. Khuddus as per sale deed dated 15.9.1995. The said S.A. Khuddus in turn appears to have sold the very land in favour of the present writ Petitioner as per sale transaction dated 31.7.2004.

(3.) It is the version of the Petitioner that thereafter writ Petitioner is in possession and enjoyment of the subject land, but his peace and tranquility was disturbed by the son of the original grantee or his legal heir - the 4th Respondent who it appears had moved the Asst. Commissioner of Chikkaballapur Sub-Division, by filing a petition/application under Section 5 of the Act seeking resumption of the land to the State and for restoration to him, being a legal heir of the original grantee and on the premise the transactions are not sustainable in law etc.