M G KALEGOWDA Vs. ASSISTANT COMMISSIONER CHICKMAGALUR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for quashing Annexures-A and B, the orders passed by the Assistant Commissioner and Deputy Commissioner respectively, for the reasons set out in the writ petition.

(2.) It is seen from the impugned orders as well as the pleadings in the writ petitionthat one acre 9 guntas of land in Sy. No. 65 situated in the Village Sathihalli, Chickmagalur Taluk, was granted in favour of one Siddaiah, father of the third respondent herein, by an order made in proceedings No. DEP/DR/172/55-56 under the Karnataka Land Grant Rules, subject to certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of 15 years. Accordingly, saguvali chit was also issued to him on 10-7-1957.

(3.) It is an admitted fact that the granted land came to be sold in favour of The father of the petitioner herein by a registered sale deed dated 6-8-1962 tot valuable consideration. Thus from the date of sale, the father of the petitioner and thereafter the petitioner has been in possession and enjoyment of the land. After the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition and Transfer of Certain Lands) Act, 1978 the third respondent approached the Assistant Commissioner with an application for granting him relief under the Act His case was that the granted land was sold in favour of the father of the petitioner, in contravention of the condition of ihe grant. Therefore, be was entitled for the reliefs under Sections 4 and 5 of the Act. The Assistant Commissioner having made an enquiry held against the petitioner. Aggrieved by the said order the petitioner approached this Court in W.P.No. 20074/1985 which came to be allowed and the matter was remitted for re-consideralion afresh.