CHIKKA KULLEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) these writ petitions are by the purchasers of certa in bits of lands in sy. Nos. 160 of menasikyathanahalli village and 96 of heggur village, T. Narasipur Taluk, Mysore district. They have challenged in these petitions the legality and correctness of the orders made under the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the act' for short) by the assistant commissioner and the deputy commissioner, respondents, respondents 2 and 3 in all the petitions respectively.

(2.) brief facts of the case for the disposal of these petitions are as follows: 38 guntas of land in sy. No. 160/16 was granted in favour of basava @ papa, father of respondent-4 on 25-6-1968. It was sold to chikka kullegowda, petitioner in W.P. No. 15823 of 1990 by the grantee's son lingaiah, respondent-4, and his mother siddamma by a registered sale deed dated 23-9-1968. Out of 2 acres 25 guntas of land in sy. No. 160/4 granted on 25-6-1968 to respondent-9-siddaiah, 1 acre 4 guntas was sold to lingegowda, petitioner in W.P. No. 15824 of 1990 on 23-10-1968. Out of 1 acre 13 guntas of granted land in sy. No. 16/24,1 acre 7 gunlas was sold by nanjundaiah, whose father vaikunta was the grantee, to kempegowda, petitioner in W.P. No. 15825 of 1990 on 23-9-1968. The grant was on 25-6-1968. Chikkaputtegowda, petitioner in W.P. No. 15826 of 1990, purchased 15 guntas, out 6. 37 guntas of land granted on 1-5-1968 from the grantee mudukaiah, respondent-7, under a registered sale deed dated 19-6-1969. The land was comprised in sy. No. 160/19. Likewise 34 guntas of land in sy. No. 160/35b granted on 2-5-1968 in favour c the father of ramakrishna, respondent-8, was purchased by petitioners in W.P. nc 15827 of 1990 on 19-8-1968. Out of the land in sy. No. 160/17 granted in favour of basavaiah @ kundaiah respondcnt-5, on 12-3-1968,38 guntas was sold in favour of lingegowda, petitione in W.P. No. 15828 of 1990, on 29-5-1974. On the applications made by the respective grantees or their lega representatives under the act for granting benefit thereunder, the assistan commissioner, competent authority under the Act, allowed their applications am granted reliefs as prayed for by his orders impugned herein at annexures-c, d, e f, g and h respectively. When appeals were filed as against the said orders, the deputy commissioner, appellate authority, confirmed the said orders by his common order, Annexure-J .

(3.) now I deal with the facts of the other two writ petitions. In W.P. No. 1449 of 1991, petitioner kullaiah's mother purchased 20 guntas of land in sy. No. 96/block-iii granted to one vankataiah, uncle of respondents 4 to 7 on 30-11-1960 from one channegowda under a registered sale deed dated 30-8-1969. The said channegowda purchased it from one somashekharaiah who purchased it from the original grantee on 24-4-1965. Similarly, in W.P. No. 1452 of 1991 the petitioner's mother purchased 20 guntas of land in the said survey number on 30-8-1969 from one channegowda who, in turn, purchased it from the original grantee (r-4) who was granted the land on 10-10-1961. In these cases also, the original grantees having approached the assistant commissioner for granting them reliefs under the Act, the assistant commissioner granted them the reliefs by declaring the alienations as null and void. On appeal, the deputy commissioner upheld the orders of the assistant commissioner. The orders of the assistant commissioner and the deputy commissioner are impugned in these petitions at annexures-a and b respectively. Hence these petitions.