PREMABAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this appeal the appellant calls in question the order passed by the learned Single Judge dismissing the writ petition filed by her challenging the orders passed by respondents 2 and 3 resuming the lands in favour of the grantee.

(2.) FEW facts necessary for the disposal of this appeal, briefly stated, are as under: two pieces of land, one measuring 1 acre 33 guntas and another measuring 2 acres 22 guntas of Mangalaboesu Village, Sagar Taluk, were granted in favour of one Eeli Puttappa. The first grant of 1 acre and 33 guntas of land was in the year 1950-51 and the second of 2 acres and 22 guntas was in the year 1955-56. The actual dates of grant are not forthcoming from the records. Under the Darakhast rules prevailing at the time of first grant there was a total ban of alienation under Rule 43 (8) of the Karnataka Land Revenue Rules. In the year 1953 of the rules were amended and under the amended Rule 43 (8) the total ban on alienation was removed and in its place the non-alienation clause for a period 20 years came to be introduced. Both the said lands were bought by one Jaganath Chowdary, the husband of the present appellant, on 27-12-1968. Nanjappa, the son of original grantee made an application to the Assistant Commissioner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter called 'the Act') for resumption of the lands in his favour. The Assistant Commissioner resumed the lands in favour of the said Nanjappa and ordered the eviction of the present appellant from the said lands. The appeal therefrom to the Deputy Commissioner proving futile, the appellant has preferred this appeal.

(3.) HEARD the learned Counsels appearing for both sides.