SHARNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant writ petition is filed with a prayer to quash the order dtd. 19/11/2018 vide Annexure-A passed by respondent No.2, the order dtd. 15/17/11/2006 vide Annexure-D passed by respondent No.4 and the order dtd. 13/11/2008 vide Annexure-E passed by respondent No.3.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondents No.1 to 4.

(3.) Brief facts of the case as revealed from the records that would be necessary for the purpose of disposal of this writ petition are that the land bearing Sy.No.214 measuring 3 acres 30 guntas of Gunalli Village, Bidar Taluk and District was granted to one Sri Tukkappa under Sec. 77 of the Karnataka Land Reforms Act, 1961 vide order dtd. 19/4/1982. The said Tukkappa appears to have executed a sale deed in favour of petitioner herein in respect of the said land on 04. 06.2005. On the strength of the said sale-deed, the petitioner had made an application before the Tahasidlar to mutate his name in the revenue records of the land in question. In the said proceedings, the Tahasildar had held that the sale deed dtd. 4/6/2005 executed in favour of petitioner was in violation of the provisions of the Karnataka Prevention of Transfer of Certain Lands (SC/ ST) Act, 1978 and accordingly, had issued the order vide Annexure-D. Being aggrieved by the same, the petitioner had filed an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 before the third respondent - Assistant Commissioner and in the said proceedings, the Assistant Commissioner had held that the sale-deed in respect of the land in question dtd. 4/6/2005 was in violation of Sec. 4(2) of the Karnataka Prevention of Transfer of Certain Lands (SC/ ST) Act, 1978 and accordingly directed restoration of the said land in favour of the legal representatives of the original grantee. The said order dtd. 13/11/2008 was challenged by the petitioner before this Court in Writ Petition No.80276/2009 and this Court dismissed the said writ petition on the ground that the petitioner has got an alternate remedy under Sec. 136(3) of the Karnataka Land Revenue Act before the Deputy Commissioner. Thereafterwards the petitioner had filed a revision under sec. 136(3) of the Karnataka Land Revenue Act, 1964 before the Deputy Commissioner who has dismissed the said revision by vide his order Annexure-A dtd. 19/11/2018. Being aggrieved by the same, the petitioner is before this Court.