KHALID SALEEM Vs. MANJAIAH

JUDGEMENT

(1.) THIS writ petition is by a person who had purchased a part of a land granted in favour of a person belonging to depressed class as per a grant Orderdated 15-11-1951. The petitioner had purchased part of this land namely four acres out cf the five acres that had been granted as per a sale deed executed by the grantee on 27-7-1971. The effect of the provisions of the land revenue code, the conditions of grant and the resultant effect on the sale in the light of the provisions of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 ('the act' for short) was the subject-matter of proceedings before the assistant commissioner and the deputy commissioner, the authorities functioning under the act for the purpose of identifying of such lands which had been sold in violation of the terms of the grant which attracted the provisions of this act and for resumption of the land in favour of the state and further restitution of such land in favour of the grantee or the legal heir of the original grantee.

(2.) THE third respondent who is the son of the original grantee had filed an application before the assistant commissioner on the premise that the sale effected on 27-7-1971 by his father in favour of the petitioner was voided in terms of the provisions of Secrion 5 of the act, since the petitioner was a minor represented by his father and therefore prayed for setting aside the transaction and for restitution of the land.

(3.) AN enquiry was held by the assistant commissioner in this regard. The purchaser having not contested the proceedings and having remained ex parte, the assistant commissioner, on finding that the land in question was granted to a person as per the Orderno. M. 4 dr: 37 : 51-52, dated 5-9-1951 of the deputy commissioner and to a person belonging to the depressed class and subject to the terms and conditions of the grant in respect of persons belonging to depressed class and having been so granted on fixing a nominal price of Rs. 10/- per acre under the relevant Rule s at that time which operated and governed such grants namely, Rule 43 (8) of the mysore land grant Rule s, having imposed a condition of permanent non-alienation in respect of such grants, while held that the sale transaction is voided, that it is in violation of the 'conditions of the grant and as such accepted the application and directed restoration of the land to the legal representative of the original grantee. The appeal preferred by the purchaser as against this Ordercame to be dismissed by the deputy commissioner as per his Orderdated 29-4-2003 on finding that the petitioner had not evinced much interest even in the appeal.