ASHOK KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A writ of mandamus is sought against the second respondent -Deputy Commissioner to consider the representation submitted by the petitioner on 29.1.2014 to withdraw the permission for alienation of the land bearing Survey No. 139 (Old Survey No. 31) measuring 2 acres, situated at Kasaba Hobli, Chintamani Taluk in Chickballapura District.

(2.) THE case of petitioner is that aforementioned land was a 'granted land' within the meaning of Karnataka SC & ST (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act'). The land was granted in the name of mother of the petitioner on 21.10.1999 as the petitioner and his mother belonged to Scheduled Caste and as the petitioner wanted to sell the property, he applied for permission to alienate the property. Permission was granted on 31.1.2008, subject to the conditions that the land should be sold for market value and that out of the proceeds, petitioner has to purchase alternate land and that the land shall be sold within four months from the date of permission.

(3.) LEARNED Counsel for the petitioner submits that as this representation is not considered, petitioner has justifiably approached this Court seeking a writ of mandamus.