NIRVANAPPA Vs. DEPUTY COMMISSIONER HASSAN DISTRICT

JUDGEMENT

(1.) WRIT petitioner is a person who claims to be a purchaser of a granted land to an extent of 3 acres in Survey No. 51/4 at Somapura Village, mallipatna Hobli, Arakalgud Taluk, Hassan District. It is the case of the petitioner that he had purchased this land in terms of sale deed 8-3-1991 from one Sri Eraiah, father of the respondent 3 in this petition and the original grantee of this extent of land.

(2.) THE land in question appears to have been granted to said Sri eraiah in the year 1964 under the Dharkhast proceedings as a person belonging to scheduled caste community and free of cost. The record indicates that the condition of non-alienation for a period of 15 years from the date of grant had been imposed.

(3.) THE son of said Sri Eraiah had filed an application before the assistant Commissioner, Sakleshpur Sub-Division, Sakleshpur under the provisions of Section 5 of the Karnataka Scheduled Caste and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, praying for invalidating the sale transaction and for restoration of the land. The Assistant Commissioner after issue of notice to the petitioner held an enquiry and accepted the application and recorded a finding that the land in question had been granted to the father of the applicant Sri eraiah who was a person belonging to Adi Karnataka Community a scheduled Caste, in the year 1964 with a condition that it should not be alienated for a period of 15 years and such a land had been sold on 25-1-1973 and as such this transaction and all other subsequent transactions under the sale deed are all void and in this view of the matter resumed the land free of all encumbrances and directed restoration of the same in favour of the applicant.