VENKATAIAH Vs. SPECIAL DEPUTY COMMISSIONER MYSORE

JUDGEMENT

(1.) the petitioner in this writ petition has called in question the correctness of the legality of the orders made by the assistant commissioner at Annexure-C and that of the deputy commissioner at Annexure-D . He has sought for quashing the same for the reasons set out in the writ petition. A few facts that are necessary for the purpose of this writ petition are as follows:-

(2.) by a perusal of the facts referred to in the impugned order at Annexure-C as well as the conclusion reached therein, it is seen according to venkatesh s/o. Maravenkataiah, the 3rd respondent herein, his father maravenkataiah was granted 1 acre of land in sy. No. 1/79 situated in the village of aspathra kavalu, hunsur taluk, Mysore district, by the competent authority by an order made on 17-1-1957. On that day a saguvali chit came to be issued in his favour under the Karnataka land grant rules subject to certain conditions.

(3.) it is stated that during his life time the grantee, his father, who mortgaged the said land in favour of basavaiah, the father of the petitioner, for a sum of Rs. 400/-. Therefore, he approached the assistant commissioner with an application presented on 1-4-1987 seeking relief under the Karnataka scheduled castes and scheduled tribes (prohibition of alienation of certain lands) Act, 1978 (hereinafter referred to as 'the act').