LAWS(KAR)-2004-11-40

S THIPPERUDRAPPA Vs. STATE OF KARNATAKA

Decided On November 03, 2004
S.THIPPERUDRAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONER is a person who had purchased a land that had been granted in favour of a person belonging to Scheduled Caste comminity. While the grant was of the year 1960, the extent is 30 acres of land in sy. No. 83 of Kyathagondanahalli Village, Challakere Taluk, chitradurga District in favour of one Hanumanthappa. Petitioner claims that one Smt. Kamalamma had purchased 20 acres of such land in the year 1972 from the original grantee and the petitioner purchased the said 20 acres of land from the said Kamalamma in the year 1978 for a sum of Rs. 45,000/ -.

(2.) IT is in respect of these sale transactions an application came to be filed before the Assistant Commissioner, Chitradurga Sub-Division, chitradurga in the year 1984 by the grantee himself. The application came to be allowed by the Assistant Commissioner in terms of the order dated 4-12-1984, passed in proceedings No. SCPTL CLK/44/79-80. The appeal preferred to the Deputy Commissioner as against this order in proceedings No. SCPTL (A)/267/84-85 also came to be dismissed in terms of order dated 24-2-1986. Writ petition had preferred in W. P. No. 21474 of 1986 as against those orders. However, the petition came to be dismissed in terms of order dated 31-8-1988 and the only savings grace for the petitioner was that this Court observed while dismissing the petition that at the time of giving effect to the orders passed by the authorities and which are not disturbed in the writ petition, the authorities should bear in mind the directions given in the decision of this Court in Nagella Venkataramana Reddy v Special Deputy commissioner (Revenue ).

(3.) IT appears that the land in question was resumed and restored to the legal heirs of the grantee in the year 2000 in terms of endorsement dated 15-3-2000, issued by the Assistant Commissioner, Chitradurga sub-Division, Chitradurga.