KRISHRIAPPA Vs. STATE

JUDGEMENT

(1.) narasimhappa, father of the petitioner, was leased one acre of land in sy.no.29 of mallandapalli, ragidahalli, bangarpel taluk, kolar district by the competent authority in proceedings No. Spl. Dar. 43/42-43, dated 27-8-1944 under the grow more food scheme, to begin with. Under the said proceedings, the leasehold rights were conferred upon the grantee under the scheme so as to enable him to cultivate the land any enjoy the leasehold rights on the government land. Subsequently, on the compliance with the condition of the lease, the competent authority by its order dated 31-7-1956 confirmed the lease under the land grant rules. Accordingly a saguvali chit was also issued in his favour subject to certain conditions. One of the conditions was that the land shall not be alienated for a period of 15 years.

(2.) it is undisputed that despite such a condition, the land was sold in favour of thefourth respondent by a registered sale deed dated 30-8-1956 for valuable consideration. Eversince then, respondent-4 has been in possession and enjoyment of the said land.

(3.) after the coming into force of the Karnataka scheduled castes andscheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the act' for short), the petitioner filed an application before the assistant commissioner for restoration of the land in his favour on the ground that it was sold in favour of respondent-4 in contravention of the condition of the grant.