LAWS(KAR)-2011-6-197

RAMAPPA @ BAMAIAH S/O. GANGAPPA AGE: 56, OCC; AGRICULTURE R/O. SHIVANI, TO. TARTKERE DIST: CHTKAMAGALUR AND R. GANGAPPA S/O. EAMAPPA AGE: 56, OCC: AGRICULTURE R/O. SHTVANI, TO: TARTKERE DIST; CHTKAMAGALUR Vs. THE DEPUTY COMMISSIONER CHIKAMAGLUR,

Decided On June 21, 2011
Ramappa @ Bamaiah S/O. Gangappa Age: 56, Occ; Agriculture R/O. Shivani, To. Tartkere Dist: Chtkamagalur And R. Gangappa S/O. Eamappa Age: 56, Occ: Agriculture R/O. Shtvani, To: Tartkere Dist; Chtkamagalur Appellant
V/S
Deputy Commissioner Chikamaglur, Respondents

JUDGEMENT

(1.) WRIT petitions by two grantees that were granted an extent of 3 acres of land each in Old Sy. No. 13 of H. Rangapura Village, Kasaba Hobli, Tarikere Taluk in terms of a grant order No. LND. DARU (SC) 28/68 -69 dated 14.7.1971 passed by the Tahsildar, Tarikere Taluk {copy produced as Annexrure A to the petition), which had been followed -up by issuing a saguvali chit dated 27.03.1972 and the lands having been granted to such persons in darkest proceedings as persons belonging to scheduled caste community. But they having lost the lands whether by hook or crook or bona fide or out of sheer ignorance whatever it is, having parted possession of the land in favour of one Kalleshappa immediately thereafter, who in turn appears to have mortgaged the subject lands in favour of Canara Bank as security to a ban raised by him in the Bank and which had been sold by the Bank for enforcement of the ban in an auction sale held by the Court in the year 1984, the 3rd Respondent herein having purchased the subject lands and thereafter though was in possession and enjoyment, at the instance of the writ Petitioners, the Asst. Commissioner, Tarikere Sub -Division after holding an enquiry under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short the Act') having invalidated the sale deed executed in favour of the 3rd Respondent through the Court Auction sale and having directed resumption of the land to the State and restoration to the original grantee as per two orders both dated 9.01.2009 (copies produced as Anriexures E and F to the petition) and in further appeal to the Deputy Commissioner under Section 5A of the Act, the Deputy -Commissioner having set aside the orders passed by the Asst Commissioner in terms of his two orders both dated 7.12.2009 (copies produced as Annexure -G and H to the petition) and having rejected the application of the writ Petitioners, the present writ petition to get over the orders of the Deputy Commissioner and to achieve their object of recovering the lands that had been granted in the year 1972 which perhaps they had bat in the immediate vicinity etc.

(2.) WRIT petitions have been admitted for examination. Respondents had been served with notices while the State - Statutory Authorities are represented by the learned AGA - Sri R. Omkumar. Sri. Prasanna, Learned Counsel appears for the contesting 3rd Respondent - the purchaser in the auction sab.

(3.) HEARD Sri Mahantesh Hosmath, Learned Counsel for the Petitioners. Mr. Prasanna, Learned Counsel for the 3rd Respondent and Sri R. Omkumar, learned AGA for Respondent Nos. l, 2 and 4.