MACCHAPPA Vs. HANUMANNA

JUDGEMENT

(1.) Although this writ petition is posted for preliminary hearing in B-Group, by consent of learned counsel on both sides, this writ petition was taken for hearing. Accordingly, I heard the learned counsel on both sides.

(2.) The petitioners have called in question the correctness and legality of the orders made by the Dy. Commissioner and the Asst. Commissioner at Annexures-B and C respectively. They have sought for quashing them on more than one ground.

(3.) The undisputed facts as disclosed from the impugned order as well as the pleadings in the writ petition are; By an order made by the Competent Authority on 29-12-1959, 5 acres of land came to be granted in Sy. No. 5 of Kyatanamale Village in Parashurampura Hobli, Chitradurga Dist., in favour of the first petitioner, Macchappa, applying the provisions of the Karnataka Land Grant Rules, subject to certain conditions. - One such condition was that the granted land shall not be alienated by the grantee for a period of 15 years. Despite the said condition the granted land came to be sold in favour of the first respondent - Hanumanna, by a registered sale deed dated 24-8-1977 for a valuable consideration.