MUNIYAMMA AND OTHERS Vs. SUSHEELA PADMANABHA AND OTHERS

JUDGEMENT

(1.) CHALLENGE in these writ petitions is to an order passed by the 16th respondent allowing an appeal filed under S. 5 -A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act'), filed by the respondents 1 and 2 and thereby setting aside an order dated 22.05.2006, as at Annexure -A passed by the 15th respondent. Background facts in a nutshell are as follows:

(2.) THE Act having come into force with effect from 01.01.1979, in pursuance of which an application having been made by the wife and daughter of late H. Muniyappa i.e., petitioners 1 and 2 seeking declaration that the sale transactions in respect of subject land as null and void and for resumption of possession from the purchasers, the 15th respondent having conducted an inquiry, passed an order dated 22.05.2006, as at Annexure -A and declared the sale transactions in favour of respondents 1 and 2 as null and void, as contrary to S. 4(1) and (2) of the Act and ordered for resumption of land to the Government free from all encumbrance and for restoration of the land in favour of the legal heirs of the grantee -H. Muniyappa.

(3.) SRI Pavana Chandra Shetty, learned advocate for the petitioners contended that the 16th respondent has committed material error and irregularity in allowing appeals filed by the respondents 1 to 3. Learned counsel submitted that the impugned order, as at Annexure -B, though runs to few pages is not a considered and reasoned order. Learned counsel submitted that, except narration, there is no appreciation of the record i.e., case of the petitioners and that the appeals have been mechanically allowed. Learned counsel further submitted that the 16th respondent -Appellate Authority has abdicated his duty in considering the appeals both on questions of fact and law and the impugned order being perverse and illegal, warrants interference.