E M ABDUL KHUDDUS Vs. DEPUTY COMMISSIONER CHICKMAGALUR

JUDGEMENT

(1.) though the matter is listed for preliminary hearing by consent of parties the same is taken up for final hearing.

(2.) this is a petition presented by the purchaser of land bearing sy. No. 70(80) of linglapura village, birur hobli, kadur taluk, chick magalur district, measuring 1 acre, 4 guntas. He purchased the said land, according to the petition averments, from one nagappa under a sale deed executed in the year 1980. The original grantee of the land was the third respondent, who died during the pendency of the writ petition. The legal representatives of the third respondent have since been brought on record.

(3.) the main contention of the petitioner in this writ petition is that since the land in question was granted at an upset price to the original grantee, the Provisions of the Karnataka scheduled caste and scheduled tribe (prohibition of transfer of certain lands) Act, 1978 are not applicable. It is also contended that since the first sale of the land in violation of the terms of the grant, was in the year 1966, the petitioner has perfected his title by prescription of long and continuous enjoyment of the land before the commencement of the said act.