OMBALAMMA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Order dt. 30-11-01 passed by the Assistant Commissioner, Mandya sub-division, Mandya, confirmed in appeal by the Deputy Commissioner, Mandya, vide his order dt. 22-3-04, thereby rejecting the claim made by the petitioner, seeking resumption and restoration of the site in question is called in question in this writ petition. Petitioner claims to be the grand daughter of late Kivudamma. Site bearing No. 22 situated within the limits of Maddur Town Municipality was granted to late Kivudamma, wife of late Kari Chikkaiah on 29-10-73. Admittedly, this grant was made by the Chief Officer, Maddur Municipality, Maddur, based on the resolution passed by the Maddur Municipality.

(2.) It is the case of the petitioner that as the grant was made in favour of Kivudamma who belonged to Scheduled Caste the grant in question fell within the meaning of the term granted land under Sec. 3(1)(b) of the Karnataka Scheduled Castes/Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Act for short) hence the petitioner made an application as legal representative of Kivudamma seeking restoration of the land by setting aside the sale deed executed by the grantee. It is necessary to notice here that Kivudamma had sold this property in favour of the third respondent Thimmaiah on 12-4-85 for a sale consideration of Rs. 4,000/-.

(3.) The case put forward by the petitioner before the Assistant Commissioner was that, violating the condition of grant and within the period of 15 years from the date of grant, the grantee Kivudamma had sold this property in favour of the fourth respondent and therefore, the site was liable to be resumed and restored.