CHIKKATHIMME GOWDA Vs. DEPUTY COM MISS INNER

JUDGEMENT

(1.) heard Sri m. Shivappa, learned counsel tor ihc petitioner and perused the order of the assistant commissioner at annexure-a, la. No. I filed before the deputy commissioner for granting slay and the notice issued by the deputy commissioner as per Annexure-C .

(2.) Sri m. Siddagangaiah, learned high courl government pleader, on the direction of the court, has taken notice for respondents-1 and 2.i heard him also.

(3.) the matter arises this way : two acres of land in sy. No. 243 situated in maraning anahalli village, maddur taluk, mandya district, was granted in favour of yalavaiah, father of rcspondent-3 gooli @ mollaiah, under the land grant rules subject to certain condition regarding alienation. After the death of the grantee, his wife sold 30 guntas out of it by two registered sale deeds in favour of the petitioner and since then he has been in possession and enjoyment of that extent of land. After coming into force of the Karnataka scheduled casles and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the act' for short), respoiidcnt-3, son of the original grantee, made an application before the assistant commissioner for reliefs under sections 4 and 5 of the act. The assistant commissioner, having notified both parties, held an enquiry and passed an order as per Annexure-A declaring the alienations made in favour of the petitioner as null and void on the ground that they were made in contravention of the condition of the grant and directing restoration of the land in favour of respomlent-3. Aggrieved by the said Order, the petitioner preferred an appeal in ptcl 14/1991-92 before the deputy commissioner. Along with the appeal, he also filed an application for an interim order of slay of the order impugned therein. The grievance of the petitioner is that the deputy commissioner never considered the said application and passed any order thereon. Instead, he issued a notice as per anncxure-c directing them to appear before him on 2-9-1991 at 3 p.m. for hearing the arguments on the appeal this petition.