DODDEGOWDA Vs. DEPUTY COMMISSIONER, SHIMOGA DISTRICT

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 22.09.2014 passed by the learned Single Judge. In order to appreciate the appellant's challenge to the impugned order, few facts need mention which are stated infra.

(2.) Some time in the year 1958-59, land comprised in Sy.No.39/20 of Baklemaranahalli Village, Bhadravathi Taluk, District Shivamogga was granted to the husband of respondent No.3 viz., Thimmabhovi on a lease for a period of five years. It is the case of the appellants that the Tahsildar by an order dated 21.12.1963, made the grant permanent, pursuant thereto a certificate was issued in favour of husband of respondent No.3 on recovering a sum of Rs.200/- which was the market value of the land as on the date of the grant. The husband of respondent No.3 sold the land by executing a registered sale deed on 16.01.1964 in favour of one Thippaiah and handed over the possession of the land in question to him. It is the case of the appellant that husband of the appellant No.1 and father of appellant Nos.2 to 5 purchased the land in question by a registered sale deed dated 05.05.1996 for a valuable consideration. It is the case of the appellant that Tahsildar, Bhadravathi sometime in the year 1984- 85, submitted a report to the Assistant Commissioner, Shimoga, apprising him that land in question has been granted to husband of respondent No.3 in violation of the terms of grant and recommended initiation of proceedings against Thippaiah under provisions of Karnataka Scheduled Castes / Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short).

(3.) The Assistant Commissioner thereupon initiated proceedings for resumption and restoration of land in proceeding under the Act and the aforesaid proceeding was initiated against Thippaiah alone and the subsequent vendor viz., husband of appellant No.1 viz., Doddegowda was not impleaded in the proceeding. The Assistant Commissioner by an order dated 01.07.2018 inter alia held that sale of land in question by husband of respondent No.3 on 16.01.1964 in faviour of Thippaiah was made in violation of the terms of the grant and the said transaction was declared as null and void and the land was directed to be restored to the State Government. It is the case of the appellants that the sale deed executed in favour of Doddegowda viz., husband of appellant No.1 was not annulled by Assistant Commissioner.