EARAMMA @ MUNI VEERAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, questioning the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No. 38163/2009 dated 14th June 2011, has presented this writ appeal. In the aforementioned writ petition, the appellant herein had sought for quashing the order dated 1st October 2009 passed by the Special Deputy Commissioner, Bangalore District, Bangalore made in Case No. SC/ST (A)/51/2005-06 and consequently to confirm the order passed by the Assistant Commissioner, Bangalore North Division, Bangalore, vide Annexure C to the writ petition. The learned Single Judge, after hearing both the parties, dismissed the said writ petition along with other writ petitions, by his common order dated 14th June 2011. The said order passed by the learned Single Judge is under challenge in this appeal.

(2.) Brief facts of the case in hand are that, the appellant, being the legal heir, had purchased an extent of 02 acres of agricultural land in Survey No. 177/3 of Bagalur Village, Jala hobli, Bangalore North Taluk, which was a gomal land granted in favour of one Motappa in the year 1955 by the Special Deputy Commissioner, Bangalore District, Bangalore, subject to usual conditions and in terms of the Rules governing grant of lands in favour of persons belonging to Scheduled Caste/Tribe community, as the said Motappa belonged to scheduled Caste/Tribe community. Notwithstanding restrictive conditions not to alienate the land for a minimum period of 20 years, Motappa sold the subject land in favour of one Eramma @ Muniveerammma (mother of appellant herein) as per a sale transaction during the year 1960 and thereafter several developments have taken place. When things stood thus, the legal heir of said Motappa, namely B.N. Muniraju - grandson of Motappa through his son Narayanappa, arrayed as fourth respondent herein, filed a petition before the Assistant Commissioner, Bangalore North Sub Division, Bangalore, invoking Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act) for resumption of the land for restoration to him. The Assistant Commissioner was of the view that the land having been alienated quite some time before the Act came into force and the purchaser having enjoyed the land for more than a period of 12 years before the Act came into force, held that the provisions of the Act are not attracted and therefore declined to act under the provisions of the Act at the instance of fourth respondent and by his order dated 27th December 2004 dismissed the petition, vide Annexure C to the writ petition. Being aggrieved by the said order passed by the Assistant Commissioner, the fourth respondent herein filed an appeal before the Special Deputy Commissioner in No. SC. ST(A). 49/2005-06. The Special Deputy Commissioner allowed the said appeal, setting aside the order of the Assistant Commissioner and reversed the order of the Assistant Commissioner, holding that the registered sale deed No. 2488/1960-61 dated 24-11-1960 under which the land in Survey No. 177 measuring 02 acres situate at Bagalur Village, Jala Hobli (Previously in Devanahalli Taluk) now in Bangalore North (Additional) Taluk is alienated in favour of Smt. Eramma, W/o. Chikka Pillappa, the appellant herein as null and void since the said alienation is in violation of the provisions of Section 4(1) of the Act and that by virtue of the said sale deed, she or her legal heirs shall not derive any right and title over the land in question and further ordered under Section 5(1)(a) and (b) of the Act to resume the said land to Government free from all encumbrances and restore the same in favour of the original grantee or his legal heirs, vide Annexure D to the writ petition. Aggrieved by the said order of the Special Deputy Commissioner dated 1st October 2009, the appellant herein filed the writ petition in W.P. No. 38163/2009 before the learned Single Judge. The said writ petition had come up for consideration before the learned Single Judge along with other connected writ petitions and the learned Single Judge, also dismissed the writ petition filed by appellant herein, holding that the relevant Rule prevailed at the time of grant, i.e. in the year 1955, imposed a statutory condition of non-alienation for a period of 20 years and if so, a transaction of the year 1960, which is within a period of five years from the grant, is inevitably in violation of the condition. Being aggrieved by the dismissal of the writ petition by the learned Single Judge, the appellant felt necessitated to present this appeal, seeking appropriate reliefs as stated supra.

(3.) The principal submission canvassed by the learned counsel appearing for appellant, Shri. K.N. Shiva Reddy, at the outset is that, the learned Single Judge has failed to consider the specific ground taken by the appellant in the writ petition at paragraph 13 of the writ petition to the effect that the original grantee had filed petition under Sections 4 and 5 of the Act before the Assistant Commissioner, Doddaballapur Sub Division, Bangalore in proceedings No. LND SC/ST/17/1983-84 for restitution of the land in question and the same was dismissed on merits on 17-06-1985. The said order has since not been challenged by the fourth respondent, it has reached finality and therefore, the fourth respondent is governed by the principles of res judicata under Section 11 of the Civil Procedure Code and this aspect of the matter has not been considered either by the Special Deputy Commissioner, while passing the order dated 1st October 2009 or by the learned Single Judge, while passing the order dated 14th June 2011. Therefore, he submitted that, the order passed by the learned Single Judge as well as the order passed by the Special Deputy Commissioner are liable to be set aside and order passed by the Assistant Commissioner, Bangalore North Division, Bangalore, dated 17th June 1985 in Case No. LND.SC.ST. 17/83-84 be restored.