P SURYA PRAKASH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) LA. Nos. I to III are allowed. Delay is condoned, abatement is set aside and the legal representatives of deceased 3rd respondent are allowed to come on record.

(2.) THE prayer in this writ petition filed by the purchaser of the land is to quash the impugned orders at Annexures-B and C. In Annexure-A, dated 17-7-1997, the Assistant Commissioner held that the sale of land in Sy. No. 19 of Huralihally Village in Tarikere Taluk as null and void and directed resumption and restoration of the same to the grantee. The said order is confirmed by the Deputy Commissioner in Annexure-C, dated 8-6-1999.

(3.) THE land was granted to the 3rd respondent on 4-10-1973 in darkhast. Saguvali Chit was issued on 10-3-1975 with a non-alienation clause for 15 years. Despite such non-alienation clause, the grantee sold the land to the petitioner in the year 1990. Since, the sale of the land was before the expiry of 15 years, within the non-alienation period, the Assistant Commissioner held the sale as null and void and rightly the Deputy Commissioner affirmed the same. Hence, the writ petition is liable to be dismissed.