K. NAGARAJU Vs. KENCHAPPA

JUDGEMENT

(1.) The petitioner is assailing the order Annexure-C dtd. 1/6/2017 passed by the Assistant Commissioner and the order at Annexure-D dtd. 27/12/2017 passed by the Deputy Commissioner in the present writ petition.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition narrated briefly are; the site in question was allotted to 1st respondent in the year 1979. The 1st respondent who is the original grantee, had executed a registered lease deed in favour of the petitioner on 27/7/1992, which was followed with another registered lease deed dtd. 12/2/1996 extending the period of lease. In the year 2007, the original grantee had filed an application under Sec. 5 of The Karnataka S.C. & S.T. (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act of 1978'), seeking resumption of the land. The Assistant Commissioner had entertained the said application and passed order Annexure-C dtd. 1/6/2017, directing resumption of the land in favour of the grantee. The said order was unsuccessfully challenged by the petitioner before the Deputy Commissioner, who has dismissed the appeal vide Annexure-D dtd. 27/12/2017. Being aggrieved by the same, the petitioner is before this Court.