B SANJEEVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner in this writ petition under Articles 226 and 227 of the Constitution of India has sought for quashing the order made by the deputy commissioner-2nd respondent at Annexure 'b' for the reasons set out in the writ petition.

(2.) a few facts that are necessary for the dispdsal of the writ petition are asfollows:- the undisputed facts as disclosed from the impugned orders of the assistant commissioner and the deputy commissioner and the pleadings in the writ petition are that 10 acres of land in sy. No. 57, situated in the village mylakatte, chikkanayakanahalli taluk, tumkur district, came to be granted under the Karnataka land grant rules by the competent authority by an order made on 21-6-1960, in favour of b. Sanjeevaiah s/o bheemiah, the petitioner herein on condition that the granted land shall not be alienated for 15 years. Accordingly, a saguvali chit was issued on 24-11-1963.

(3.) it is again not in dispute that out of the granted land 2 acres came to be sold by the grantee in favour of pandurangaiah s/o kariyappa-the 5th respondent by a registered sale deed dated 23-8-1967. Again, by a registered sale deed dated 28-11-1966, the grantee sold 3 acres of land in favour of kariyappa s/o mudlappa, who sold it to respondent No. 6 on 27-6-1974. Again, out of the granted land 2 acres 20 guntas came to be sold in favour of S. Ramakrishnaiah, s/o srinivasaiah by a registered sale deed dated 26-5-1968 who sold it to respondent No. 8 on 19-12-1969 and the remaining 2 acres 20 guntas came to be sold in favour of ismail-respondent No. 7 by a registered sale deed dated 8-4-1968. Accordingly, the purchasers have been enjoying their respective lands right from the date of purchase.