SRI SRINIVAS MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) One Mugappa was granted 3 acres of land in Sy.No.10/P60, situated at Balajigapade Village, Nandi Hobli, Chikkaballapura Taluk on 29.10.1977. Respondent No.3 is the wife of Late Mugappa, while respondent No.4 is the son of Late Mugappa. The Saguvali chit was issued on 18.06.1984, stipulating a non-alienation clause for a period of 15 years in terms of the Karnataka Land Grant Rules, 1969. Violating the said non-alienation clause, the said Mugappa sold the land in favour of T.Nagabhushana on 14.09.1989. The said T.Nagabhushana sold the land in favour of one Sri. Srinivas Murthy, the father of the petitioners herein, on 05.02.1991.

(2.) Respondent Nos.3 and 4 herein filed an application before the Assistant Commissioner, Chikkaballapura Sub-Division, under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, (hereinafter referred to as WCL Act', for short) for resumption and restitution of the granted land in their favour. The Assistant Commissioner proceeded to hold that the first sale has happened in violation of the non-alienation clause and Section 4 (2) of the Act which would stipulate that any land granted to a person belonging to Scheduled Castes and Scheduled Tribes shall not be alienated without prior permission of the State Government. Consequently, the sale transactions were seta side and the land was ordered to be resumed and restored in favour of the grantee or his legal heirs.

(3.) Sri.Srinivas Murthy, the father of the petitioners herein preferred an appeal under Section 5A of the Act, before the Deputy Commissioner, Chikkaballapura. The Deputy Commissioner, by order dated 23.12.2013, dismissed the appeal upholding the order passed by the Assistant Commissioner. This writ petition was filed on 03.02.2018.