M BHOOMI REDDY Vs. SPECIAL DEPUTY COMMISSIONE

JUDGEMENT

(1.) THIS Writ Appeal has arisen out of proceedings taken under the provision of Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the Act for short ). The Appellant is a purchaser of 2 acres 8 guntas of land comprised in Sy. No. 40 situated at Munnekolala village, Varthur Hobli, Bangalore South Taluk which land hereinafter referred to as the (Schedule land for short ). There is no controversy between the parties that the schedule land was granted in favour of one Sri. Thoti Erappa vide Government Order No. 10/40-41dated 25. 10. 1940. There is also no controversy between the parties that Thoti Erappa belonged to Schedule Caste. There is no controversy between the parties that the 3rd respondent herein, namely, Sri. M. Nanjappa is the son of late Thoti Erappa.

(2.) AFTER the Act came into force, the 3rd respondent herein filed an application on 27. 07. 1989 U/s. 4 (1) of the Act before the Assistant Commissioner, Bangalore North Sub-Division, Bangalore seeking restoration of the schedule land. The said application was registered as case No. KSC. ST. 48/95-95 and in the said application, the respondent specifically stated that the schedule land is a granted land granted to his father vide Government order dated 10/40-41dated 25. 10. 1940; he belongs to schedule caste.

(3.) ON the basis of the said application and the documents enclosed therewith, the Assistant Commissioner issued notice to the appellant-purchaser. In response to the said notice, the appellant put in appearance before the Assistant Commissioner through an Advocate and filed his objection. At this stage itself, it needs to be noticed that in the statement of objection filed by the appellant, none of the basic facts pleaded by the Respondent No. 3 referred to above are either denied or contested. The only contention raised in the statement of objection was that the appellant purchased the schedule land from one Sri. A. Gopal by registered deed dated 01. 7. 1963 and since then, he has been in continuous possession and enjoyment of the schedule land for over 30 years.