BASAPPA Vs. SPECIAL DEPUTY COMMISSIONER CHITRADURGA DISTRICT

JUDGEMENT

(1.) The matter having been posted today for being spoken, I heard Sri Shivappa, learned counsel for the petitioner and Sri Jagannath, learned Government Advocate appearing for respondents-1 and 2 . The order made on 1-2-1991 is recalled.

(2.) The petitioner, in this writ petition, has challenged the legality and correctness of the order, Annexure-C, dated 30-4-1985 made by the Special Deputy Commissioner, Chitradurga District, Chitradurga, respondent-1 herein, in case No. SC PTL(A) 148/1984-85 confirming the order made by the Assistant Commissioner, respondent-2 herein, in case PTL 32/1983-84 dated 25-4-1984 holding that the alienation made by respondent-3 in favour of the petitioner in respect of the land in question was null and void under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (the Act for short).

(3.) The matter arises this way:The undisputed facts as disclosed in the pleadings as well as the impugned orders are that Hanumanthappa S/o Kyathappa, respondent-3 herein, was granted 3 acres of land in Sy. No. 47 situated in Dogganal village, Holalkere Taluk, Chitradurga District, on 28-10-1963 by the competent authority under the Karnataka Land Grant Rules then prevailing in Karnataka, subject to one of the conditions that the granted land shall not be alienated for a period of 15 years, and that, however, the said land came to be sold in favour of the petitioner by respondent-3 under a registered sale deed dated 26-12-1976 for a valuable consideration. It is the case of the petitioner that eversince the date of sale, he has been in actual possession and enjoyment thereof.