NEELAMMA Vs. VEERABHADRAPPA

JUDGEMENT

(1.) SMT. Shobha Patil, learned Govt. Pleader is directed to take notice on behalf of respondents 2 and 3.

(2.) LAND measuring 4-00 acres in Re-Sy. No. 26/1 of Chikka Arakere Village in Davangere District was a granted land under darkhast. The petitioner purchased the same within the non-alienation period contrary to the terms of the grant and in contravention of the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978. As a result of which, the Asst. Commissioner by the impugned order at Annexure-A dated 27. 7. 2001 declared the sale deeds are null and void. In the appeal preferred against the said order, the Deputy Commissioner confirmed the same by his order at Annexure-B dated 3. 9. 2002. Petitioner has filed this writ petition seeking to quash the said orders.

(3.) LEARNED counsel for the petitioner contends that the impugned orders are bad in law, placing reliance upon the decision in the case of Hanumanna vs Machappa reported in i. L. R 1995 Karnataka 3507. The counsel produced a copy of the Grant Certificate and contends that the date of grant was 19. 7. 1959 with non-alienation clause for 15 years but the sale was dated 18-5-1970, which was after the non-alienation period was over and hence the sale of the land was not contrary to the terms of grant order and also under the provisions of the Act.