JAYALAKSHMAMMA, W/O N.D. NANJUNDAIAH Vs. THE STATE GOVERNMENT REP. BY ITS SECRETARY TO REVENUE DEPARTMENT AND OTHERS

JUDGEMENT

(1.) Writ Petitioner claims to be purchaser of an extent of 2 acres of land in Sy. No. 63 of A. Nagathihalli Village, Bidiganavile Hobli, Nagamangala Taluk, under a sale deed dated 14.3.1996 executed by fourth Respondent - her father-in-law in view of her father-in-law being in need of funds to celebrate his daughter's marriage.

(2.) The said land was one which had been granted in favour of fourth Respondent - Boraiah under Darkhast on 31.10.1983 as a person belonging to scheduled caste and on payment of kimmath of Rs. 20/- by the fourth Respondent.

(3.) While it is not very clear as to whether the father-in-law is in possession and enjoyment of the property, the fourth Respondent having made an application to the Assistant Commissioner invoking section 5 of the Karnataka Scheduled Caste & Scheduled Tribe [Prohibition of Transfer of Certain Lands] Act, 1978, [for short the Act] claiming that the subject land is in possession and enjoyment of the writ Petitioner and seeking for invalidating the sale transaction and for restitution of the land in his favour, the Assistant Commissioner held an enquiry and found that the granted land having been transferred as per sale deed dated 14.3.1996 in clear violation of Sub-section [2] of Section 4 of the Act, declaring sale as void, directed resumption of the land and to restitute it to the fourth Respondent as per order dated 5.11.2004 [copy at Annexure-B].