GOWRAMMA Vs. SPECIAL DEPUT COMMISSINER

JUDGEMENT

(1.) THE only point that has been urged in this writ petition, a matter arising under the provisions of the Karnataka (Scheduled Caste & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short 'the Act'] and directed against the order passed by the Special Deputy Commissioner exercising his appellate power under section 5-A of the Act is that the original grantee-one Erappa in whose favour Government land in an extent of 32 guntas in Sy. No. 17 of Gangonda-nahalli Village, Dasanapura Hobli, Bangalore North Taluk, had been granted with certain conditions is not a person belonging to Scheduled Caste or Scheduled Tribe and therefore the Deputy Commissioner has committed an error in interfering with the order passed by the Assistant Commissioner who had declined to act under section 5 of the Act at the instance of the original grantee.

(2.) GRANT of this extent of land on 7.11.1978 in favour of Erappa and the subject land having been sold by the said grantee on 12.1.1995 to one Nagaraj who in turn having sold the same in favour of the present writ petitioner-Gowramma as per another sale transaction dated 15.5.1997 are not in dispute. Erappa himself had petitioned before the Assistant Commissioner claiming that he should be extended the benefit of the provisions of section 4 of the Act by holding an inquiry under section 5 of the Act and for resumption of the land and restore it to him.

(3.) ULTIMATELY, the Assistant Commissioner though discussed all these arguments both written and oral, filed on behalf of the applicant as well as by the respondents, recorded a finding to the effect that on the basis of the xerox copy of the caste certificate produced in respect of Gangabhadraiah, son of Erappa-grantee, it appeared that the grantee belonged to 'nayaka' community, but nevertheless, proceeded to reject the application holding that there was no merit in the application and therefore it is to be dismissed as per order dated 1.4.2008 [copy at Annexure-H].