NINGEGOWDA Vs. STATE

JUDGEMENT

(1.) This writ petition is directed against the orders, Annexures-A and B, made by the Assistant Commissioner and the Deputy Commissioner, respondents 3 and 2 herein respectively.

(2.) It is undisputed that two acres ofland in Sy. No. 108 of Ankanahalli, Bellur Hobli, Nagamangala Taluk, Mandya District, was granted in favour of rcspondent-4- Rangaiah by the competent authority by an order dated 12-6-1962 under the Karnataka Land Grant Rules subject to certain conditions. Saguvali Chit was also issued to him on that day itself. It is again undisputed that out of the granted land, 1 acre was sold by the grantee in favour of the petitioner under a registered sale deed dated 12-7-1974 for a sum of Rs. 1,000/- and that since then he has been in possession and enjoyment of the said iand.

(3.) After the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for short), respondent-4 filed an application before the Assistant Commissioner for granting him the reliefs under Sections 4 and 5 of the Act. That application was allowed by the Assistant Commissioner by his order impugned herein at Anncxure-A, annulling the alienation and directing restoration of the said land to the original grantee.