ERAPPA, S/O. KENCHAPPA Vs. SANJEEVAMMA, W/O. KOLLARAPPA SINCE DECEASED BY RAMACHANDRA, S/O. KOLIARAPPA, THE ASST. COMMISSIONER AND THE DY. COMMISSIONER

JUDGEMENT

(1.) WRIT petition as against the 1st Respondent has already abated as the. 1st Respondent has expired. On merits also there is absolutely no scope for interference with the subject orders passed by the Asst. Commissioner and affirmed in appeal by the Deputy Commissioner in respect of an extent of two acres of land in Sy. No. 841 situated at Topara Malige Village in Chitradurga Taluk and District, which was a land granted in favour of one Kollarappa way back in the year 1952 and as a person belonging to depressed class community.

(2.) THE subject land had been transferred/sold by the legal heirs of the grantee as per sale deed dated 18.5.1973 and the Petitioner having been put in possession, his trouble started with the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short the Act') coming into force w.e.f. 1.1.1979.

(3.) AGGRIEVED Petitioner had carried the matter to the Deputy Commissioner, but the result was no different as in terms of the order dated 8.01.2001 in No. SCPTL(A) 58:99 -2000 (copy produced as Annexure -A to the petition), the Deputy Commissioner found no occasion to interfere, as the order passed by the Asst. Commissioner was one attracting the provisions of Section 4 of the Act and therefore dismissed the appeal.