HUTCHEGOWDA Vs. DEPUTY COMMISSIONER HASSAN

JUDGEMENT

(1.) the short question that arises for consideration in this writ petition is whether the assistant commissioner has power to review his own order under sections 4 and 5 of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the act' for short).

(2.) the matter arises this way : mallaiah, respondent-3 was granted five acres of land in sy. No. 346 of kankere village, gandasi hobli, arasikere taluk, hassan district, by the competent authority in proceedings No. De.pdr. 57/43-44 and a saguvali chit also came to be issued to him on 15-10-1944 under the Mysore land grant rules framed under the Mysore land revenue act subject to certain conditions one of which was that the grantee shall not alienate the granted land at any lime.

(3.) by a perusal of the records and the impugned orders, it is clear that despitesuch a prohibition was imposed in the grant of land, on 21-4-1959 the land was mortgaged and thereafter sold under a registered sale deed dated 26-3-1969 in favour of petitioners 1 to 3 for valuable consideration. Thus, the petitioners have been in possession and enjoyment of the respective portions purchased by them.