UMMAR HAJI Vs. DEPUTY COMMISSIONER COORG

JUDGEMENT

(1.) in this writ petition under Articles 226 and 227 of the constitution, the petitioner has questioned the legality and correctness of the orders, Annexures-B and C, made by the assistant commissioner and the deputy commissioner, respondents 2 and 1 herein respectively. He has sought for quashing the same for the reasons stated in the writ petition.

(2.) two acres of land in sy. No. 2/17 situated in badaga banangala village, virajpet taluk, coorg district, were granted, purported to be under Rule 122(2) read with Rule 123(4) of the rules framed under the coorg land and revenue regulation (no. 1 of 1899) (regulation for short), by the deputy commissioner, kodagu, in favour of harijan byra mestri, by his order dated 16-5-1967 in proceedings No. C6.7207/1957-58, subject to condition, inter alia, that the land shall not be alienated for a period of 15 years from the date of the grantee taking possession of the land. Pursuant to the said grant, saguvali chit was also issued to him. However, the grantee byra mestri sold the land to the petitioner under a registered sale deed dated 26-7-1975 for valuable consideration. It is the case of the petitioner that from the date of sale, he has been in possession and enjoyment of the land.

(3.) after the Karnataka scheduled castes and scheduled tribes (prohibition of' transfer of certain lands) Act, 1978 (the act for short), came into force, respondent-3- h.b. vairamudi said to be the son of the grantee byra mestri filed an application before the assistant commissioner, respondent-2 herein, for granting him reliefs under sections 4 and 5 of the act on the ground that his father sold the granted land in contravention of the condition of the grant and that therefore he was entitled for the reliefs.