MARULA SIDDANAGOUDA Vs. SPECIAL DEPUTY COMMISSIONER BELLARY

JUDGEMENT

(1.) the petitioner in this writ petition under Articles 226 and 227 of the Constitution has challenged the orders, annexures-a and b, made by the assistant commissioner and the deputy commissioner, respondents-2 and 1 respectively, as illegal. He has sought for quashing the same for the reasons set out in the writ petition.

(2.) 3 acres 10 cents in sy. No. 451-a/3 situated in punabagatti village, harapanahalli taluk, bellary district, was granted in favour of one lakshmavva of chinnapura tanda, on 31-10-1932 under the erstwhile Madras board standing orders subject to certain conditions. One such condition was that the grantee shall not alienate the land to any other person than the members belonging to scheduled caste. However, the land came to be sold in favour of the petitioner under a registered sale deed dated 5-12-1972 by respondent-4-sheelya naik, for a sum of Rs. 500/-. According to the petitioner, he has been in possession and enjoyment of the land right from the date of sale.

(3.) after the coming into force of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the act' for short), suo motu action was taken by the assistant commissioner, respondent-2 herein. Accordingly, he having notified both parties, held an enquiry and by his order impugned herein at Annexure-A declared that the alienation was null and void as it was made against the condition of the grant and consequently directed restoration of the land to the legal representatives of the original grantee.