G GANGAPPA DEAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) petitioner-g. Gangappa was granted five acres of land in survey No. 33 situated in hale rangapura village, chitradurga taluk, by the competent authority, by an order made in proceedings No. Dis m4 ddr 65, dated 18-7-1950 under the Mysore land grant rules subject to certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of ten years. The saguvali chit came to be issued on 12th august, 1950. Thus, when the grantee- g. Gangappa was enjoying the granted land in terms of the said grant, the granted land came to be sold by a registered sale deed dated 6-2-1961 in favour of the 3rd respondent. It is stated that from the date of sale of the granted land respondent-3 has been in actual possession and enjoyment of the granted land.

(2.) after the coming into force of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 (herein referred to as 'the act') the petitioner approached the assistant commissioner-2nd respondent herein seeking for the relief under the act. His case was that the granted land having been sold in contravention of the condition of the grant, he was entitled for relief under sections 4 and 5 of the act.

(3.) the assistant commissioner-2nd respondent having notified both the parlies held an enquiry and passed the impugned order at annexure-a, dated 23-7-4981 as follows: <IMG>JUDGEMENT_246_KANTLJ4_1991Image1.jpg</IMG> thus, he rejected the application of the petitioner observing that there was no contravention of the condition of grant.