RAMANJANEYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) GOVERNMENT Advocate having placed the original demand register -Annexure -A for the scrutiny of the Court, it is noticed that one Venkatamma was granted 4 acres of land along with other grantees by order dated 25.11.1960. The original record is returned to the Tahsildar, Malur who is present before the Court as identified by the Government Advocate. Rule 43 -G of the Karnataka Land Revenue (Amendment) Rules, 1960, provides for non -alienation period of 15 years from the date of grant in the event the grant is made to the depressed class free of cost.

(2.) FACTS not being in dispute, petitioner is the third purchaser of the granted land; while his earliest vendor in title purchased the granted land under a sale deed executed on 22.06.1966; apparently, in violation of the condition of grant more appropriately, nonalienation for a period of 15 years from 25.11.1960.

(3.) LEARNED counsel for the petitioner submits that the proceeding initiated by the Assistant Commissioner during the year 1984 was on petition filed by one Venkatamma -the grantee, to declare as null and void the transaction of sale under the Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978. During the pendency of the proceeding, it is submitted Venkatamma died and her LRs were not brought on record, while the Assistant Commissioner rejected the petition and the appeal filed on 16.07.2007 by the legal representative of the deceased grantee, though belatedly when allowed without accepting the explanation for the inordinate delay, calls for interference.