T N PARAMESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner, in this petition, under Articles 226 and 227 of the Constitution of India, has challenged the correctness and legality of the order made by the assistant commissioner at Annexure-A and that of the deputy commissioner at Annexure-B and he has sought for quashing the same for the reasons set out in the writ petition.

(2.) a few facts that are necessary for the disposal of the writ petition, are as follows. The undisputed facts disclosed in the impugned orders as well as the averments in the writ petition are that, naga bovi, the 4th respondent, was granted 4 acres of land in sy. No. 45 of haliyur village, kasaba hobli, tarikere taluk, chickmagalur district, in proceedings No. Ssdpcr 37/53-54 under the Karnataka land grant . Rules by the competent authority by order made on 2nd of november, 1953. Accordingly, saguvali chit came to be issued in his favour on the same day, subject to certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of 10 years as found in paragraph 8 of the condition imposed in the saguvali chit.

(3.) again, it is not in dispute that by a registered sale deed dated 9-1-1963, the granted land came to be sold by the grantee in favour of one gulam hussain sab s/o kareem sab for a valuable consideration. Later, that gulam hussain sab sold the granted land in favour of one s.g. parameshwarappa. Subsequently, that parameshwarappa sold the land in favour of the petitioner by a registered sale deed dated 25-10-1985. Thus the petitioner has been in enjoyment of the land in question.