MARIYAPPA Vs. N THIMMARAYAPPA

JUDGEMENT

(1.) THIS writ appeal is against the order of the learned Single Judge dated 21-11-2000 passed in W. P. No. 10391 of 2000.

(2.) THE parties in this appeal are referred to as arraigned in the writ petition.

(3.) THE facts in this case are as follows: a land measuring 4 acres in old Sy. No. 67 and new Sy. No. 130 of nanjapura Village, Jigani Hobli, Anekal Taluk, was granted in favour of the father of the petitioner on 13-12-1936. The said land was sold by the father of the petitioner in favour of the father of the 1st respondent under a registered sale deed on 19-6-1947. Consequent on coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act'), the petitioner made an application before the assistant Commissioner for a declaration that the sale dated 19-6-1947 was void and for restoration of the possession of the said land. The assistant Commissioner allowed the application by declaring the sale made by the father of the petitioner in favour of the father of the 1st respondent as void and ordered for restoration of possession. This order was challenged by the 1st respondent by way of an appeal before the deputy Commissioner. The Deputy Commissioner set aside the order of the Assistant Commissioner by dismissing the application filed by the petitioner holding that the petitioner is not entitled for the relief since the sale has not been made in violation of any of the conditions of the grant. This order was challenged by the petitioner by way of a writ petition before this Court. The learned Single Judge dismissed the writ petition confirming the order of the Deputy Commissioner holding that as on the date of grant, there were no rules providing for imposition of conditions prohibiting alienation. This order is under challenge in this writ appeal. Section 4 (1) of the Act reads as follows:-