KASHI RUKMINI BAI Vs. ASSISTANT COMMISSIONER COONDAPUR

JUDGEMENT

(1.) This writ petition has been referred by the learned Single Judge to the Division Bench as it involves an important question of law.

(2.) The undisputed facts of the case may briefly be stated as follows : The petitioners are the owners of eighteen lands situated in Malebettu Durga Village in Karkal Taluk. They had leased them in the year 1961 to the third respondent on Chalgeni basis. The third respondent, who was admittedly a Chalgeni tenant of the said lands, tranferred his tenancy rights in favour of the second respondent on the 8th of April, 1968 under a registered document. The petitioners moved the Assistant Commissioner of Coonda- pur, with an application under S. 83 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the 'Act'), praying that the transfer of the tenancy rights by the third respondent in favour of the second respondent brought about by the registered document dated the 8th of April, 1968 be declared as null and void, the same having been brought about in contravention of the provisions of S. 21 of the Act, and for consequential reliefs.

(3.) The Assistant Commissioner, after holding an enquiry and giving an opportunity showing cause to all the parties, passed an order on the 9th of December, 1975 as per Annexure 'A'. He came to the conclusion that the transfer of the tenancy rights of the third respondent in favour of the second respondent on the 8th of April, 1968 is in violation of the provisions of S. 21 of the Act. He, therefore, declared the said transaction as null and void in exercise of the powers conferred en him by S. 83 of the Act. He further made an order forfeiting all the eighteen lands to the Government and directed that the same shall stand vested in the Government. It is the said order of the Assistant Commissioner that is challenged by the petitioners in this writ petition.