SANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AN interesting question is raised in this petition.

(2.) THE petitioner, an agriculturist, is the owner of lands in question. Respondent 3's father, late Bandeppa filed an application in Form 7. The land Tribunal granted and Form 10 was issued on 8-6-1981 in favour of late Bandeppa. A condition of prohibitory period of alienation was imposed on him. He died leaving behind respondents 3 and 4. According to the petition averments, notwithstanding the non-alienation clause of 15 years, 4th respondent sold the land in favour of respondents 5 to 8 in terms of the sale deed dated 8-2-1993. This according to the petitioner is unsustainable in law. The matter was reported to the Assistant Commissioner. He passed an order holding that the sale is hit by the prohibitory provision of the Karnataka Land Reforms Act, 1961 ("the Act", for short ). He ordered for forfeiture of the land. It was challenged in an appeal before the Karnataka Appellate Tribunal ("tribunal", for short ). The appeal was allowed and the matter was remanded. After remand, the Assistant Commissioner ruled that there is violation of Section 61 of the Act. Petitioner preferred an appeal before the Appellate Tribunal. The Appellate Tribunal dismissed this appeal. Aggrieved by this order, petitioner is before me.

(3.) NOTICE was issued and respondents entered appearance. They denied the allegations made in the petition.