GAVI SIDDE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this application, the petitioner is aggrieved by the order dated 10-9-1994 of the state government (annexure-c) by which the grant of land to the extent of 1 acre 20 guntas in survey no. 110 of gudigenahally village has been cancelled on the ground that the same was transferred by the grantee in favour of the petitioner much within ten years of the prescribed non-alienation period.

(2.) the land in question was granted to one dyavappa by the deputy commissioner under his order dated 10-1-1957 on an upset price of Rs. 25/- per acre for agricultural purposes. Saguvali chit was issued to the grantee on 29-1-1957 subject to the condition of non-alienation of the granted land for a period of ten years from the date of taking over of the possession. But the said grantee sold the land to the father of the petitioner on 10-12-1964 under a registered deed thereby violating the non-alienation clause. As such, government initiated proceedings for cancelling the grant by issuing a notice to the grantee and the purchaser and ultimately passed the impugned order cancelling the grant with a direction to resume the land and dispose of the same in accordance with karnataka; land grant rules, 1969.

(3.) the impugned order has been assailed on the ground that since the petitioner had perfected his title by way of adverse possession, the government has no authority to cancel the grant and as such, the order should be quashed. In support of his submission he has placed reliance on the recent decision of the supreme court in the case of k.t, huchegowda v deputy commissioner and others. On the other hand, the learned High Court government pleader has submitted that since the grantee was not conferred with absolute title, therefore, the question of acquiring title by way of adverse possession cannot arise and the government has rightly cancelled the grant for violating the terms attached to it.