VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed by the legal heirs of the original grantee seeking a writ in the nature of mandamus to the respondents to forthwith restore peaceful vacant possession of the schedule property in terms of the order dtd. 25/7/1986 passed by respondent No.3 in No.KSC:ST:122 to 132/79-80 as per Annexure-B.

(2.) The facts leading to the case are as under: The father of the petitioners namely Krishna belonged scheduled caste. The authorities granted petition land to the petitioners' father under Rule 43(G) of the Mysuru Land Revenue Rules. The upset price of the land was fixed at Rs.300.00 per acre and the land was granted by waiving price of Rs.200.00 per acre. On similar terms, one acre land each was granted to twenty other persons belonging to Scheduled Caste.

(3.) The original grantee during his life time sold the land in favour of respondent No.4. After coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") proceedings were initiated under Sec. 5 of the said Act against the father of respondent No.4-Bhoomi Reddy in respect of all ten piece of lands which were subject matter of alienation in contravention of the grant condition. Third respondent-Assistant Commissioner vide order dtd. 25/7/1986 (Annexure- B) ordered for resumption of land by declaring the transaction in favour of respondent No.4 as null and void. The said order was upheld by the Deputy Commissioner under Sec. 5A of the PTCL Act.