G.R. BYRESH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) IN these two writ petitions, common order dated 30.08.2012 passed by the Deputy Commissioner, Bangalore District, thereby setting aside order dated 30.07.2010 passed by the Assistant Commissioner, Bangalore South Sub -Division, Bangalore, by allowing appeal filed by the legal representatives of the original grantee - late Nanjappa, is called in question.

(2.) PETITIONER in W.P. No. 39189/2012 claims to be owner of an extent of 2 acres of land comprised in Sy. No. 53/2 having purchased the same from one Mohammed Khasim vide registered sale deed dated 28.05.1992. The said Mohammed Khasim - 4th respondent (deleted from the array of parties vide order dated 24.01.2014) in this writ petition had in turn purchased the property by way of registered sale deed dated 18.04.1973 from one Dasappa. The said Dasappa had in turn purchased the property from his brother Nanjappa - the original grantee vide registered sale deed dated 07.08.1936.

(3.) AN order was passed on 06.11.1982 by the Assistant Commissioner allowing the application filed by Nanjappa. This was challenged by Mohammed Khasim in W.P. No. 42813/1982. He laid a challenge to the validity of the provisions of the Act also. This Court upheld the validity of the Act, but reserved liberty to the writ petitioner (Mohammed Khasim) to file an appeal against the order passed by the Assistant Commissioner before the Deputy Commissioner. However, an appeal was filed by Mr. T. Krishnaraju before the Deputy Commissioner in No. LND.ST(A)34/1984 -85 challenging the order passed by the Assistant Commissioner. The said appeal was allowed and the matter was remanded for fresh enquiry before the Assistant Commissioner. Thereafter, the present petitioner purchased the land from Mohammed Khasim as per registered sale deed dated 28.05.1992 to an extent of 2 acres. After remand, the Assistant Commissioner vide his order dated 30.07.2010 dismissed the application holding that there was no violation of Section 4 of the Act. The said order was challenged before the Deputy Commissioner. The Deputy Commissioner by the impugned order dated 30.08.2012 has allowed the appeal setting aside the order passed by the Assistant Commissioner directing resumption of the land to the Government and restoration of the same to the legal representatives of the original grantee - Nanjappa Respondents 9 to 15 in this writ petition claim to be the legal representatives of deceased Nanjappa.