LAWS(KAR)-2014-12-4

RAJAMMA Vs. THE DEPUTY COMMISSIONER

Decided On December 02, 2014
RAJAMMA Appellant
V/S
The Deputy Commissioner Respondents

JUDGEMENT

(1.) ORDER dated 04.07.2014 passed by the Deputy Commissioner, Davanagere District, Davanagere, dismissing the appeal filed by the petitioners herein under Section 5 -A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') and confirming the order dated 24.07.2013 passed by the Assistant Commissioner, Davanagere Sub -Division, Davanagere directing resumption of the land and restoration of the same to the legal representative of the grantee/respondent No. 3 herein is called in question in this writ petition.

(2.) PETITIONERS 1 to 5 claim to be the legal representatives of one Basaiah who has purchased a portion of the land comprised in Sy. No. 13 of Kodatalu Village, Honnali Taluk, Davangere District out of the total extent of 9 acres 23 guntas. Petitioner No. 6 Smt. Neelamma claims to be the legal representative of Ramappa, another purchaser of a portion of land measuring 2 acres 31 1/2 guntas and in respect of another portion of 31 1/2 guntas, occupancy right has been granted under the Karnataka Land Reforms Act in favour of Ramappa as a tenant under one Gudadappa, son of Ningapa.

(3.) BASAIAH is the legal representative of the third purchaser who had purchased a portion of the land in question in the year 1968. As the dates of earlier sales are not relevant, in the light of the contentions urged, they are not dealt with in detail. Suffice to observe that present petitioners are the successors in interest of the purchasers of the property traceable to the alleged original grantee.