RAME GOWDA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THIS Writ Petition is filed by the Petitioners for quashing the orders dated 19.12.1990 and 26.2.1991 being Annexures M and N respectively passed by the respondents/Assistant Commissioner and Deputy Commissioner, whereby the land in question has been resumed under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition on Transfer of Certain Lands) Act, 1978 (Act 2 of 1979) (for short, 'the Act' only).

(2.) THE land in dispute is Survey No. 51/B situate at Bosmanahalli Village in Alur Taluk. This land was given on a temporary lease for coffee plantation to respondent No. 3, who is a member of Scheduled Caste, on 25.2.1966. But the said respondent instead of undertaking coffee plantation by himself, permitted the petitioners to undertake the operation under a Power of Attorney dated 28.4.1974. Subsequently, on 20th April 1976 respondent No. 3 was granted a Saguvali Chit (Certificate of Grant) with a condition that he should not alienate the property within 15 years of grant in consonance with Rule 9 of the Rules. But the said respondent entered into an agreement for sale on 12.12.1978 with the petitioners and allowed them to remain on the land.

(3.) LEARNED Counsel for the petitioners submitted that delivery of possession coupled with execution of an agreement for sale does not amount to transfer in law and as such it cannot be said that respondent No. 3 has in any way violated the condition restricting alienation.