ESWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Land bearing S.No. 67 of Hittal village, Shikaripur Taluk, measuring 1 acre 05 guntas was a Government Land. On 22.7.1983, the competent Revenue Officer granted the said land to respondent-3, a member of scheduled caste under the Land Grant Rules with a condition that he should not alienate the same for a period of ten years.

(2.) But in execution off a decree in O.S.No.208 of 1956 (Ex-171 of 1960) obtained by one Kavi Panchappa again st respondent-3, the said land was sold on 9.3.1961 to one Neeli Hanumappa in court auction which was also eon firmed on 13.4.1961. Neeli Hanumappa, in turn sold the land to the petitioner on 16.9.1963 for valuable consideration from which date, he is in possession of the same as its cultivator.

(3.) Under the Karnataka Schedule Castes and Scheduleu Tribes (Prohibition of Transfer of Certain Lands) Act 1978 (Kar. Act No.2 of 1979) hereinafter referred to as 'the Act') respondent - 3 made an application before the Assistant Commissioner, Sagar Sub-Dn. Sagar, (hereinafter referred to as 'the A.C.') for voiding the court sale and the sale made to the petitioner also. On that application, the A.C. issued show-cause notices to Neeli Hanumappa and the petitioner, in response to which the latter appeared before the A.C. and opposed the same principally on the ground that he was an, innocent purchaser from an auction purchaser in a court sale and the same, cannot be nullified under the Act. On 30.10.1979 (Ex-B) the A.C. without any discussion of the question, lias allowed the application! made by respondent-3 and declared the sale as void and directed restoration of possession of the land to respondent-3. Aggrieved by the same, the petitioner has challenged the Act and the order made by the A.C. on 30.10.1979 (Ex-B).