MADDURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS are persons in whose favour an extent of 4 acres of agricultural land each in Sy. Nos. 92/2, 92/1 and 92/3 of Meesiganahalli in Kundana Hobli, Bangalore Rural District had been granted free of cost as persons belonging to Scheduled Caste Community in terms of a grant order dated 30-4-1963. Each of the petitioners had sold such lands within a couple of years though in terms of the grant order it had conditioned that the petitioners cannot part with the granted lands for periods ranging from 10 to 15 years.

(2.) THE contesting respondents in these petitions viz. , respondents 3, 4 and 5 in W. P. No. 1916 of 2005, respondents 3 and 4 in W. P. Nos. 1917 of 2005 and 1918 of 2005 who were the latest purchasers in a series of transactions and who were in possession of the respective lands in question, had been put on notice by the Assistant Commissioner in the year 1998-1999 at the instance of the petitioners who had moved the Assistant Commissioner for invalidation of such sale transaction for resumption of the lands to the State and restitution of the same to the petitioners/original grantees, in their applications under Section 5 of the Karnataka Scheduled castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for short ).

(3.) THE Assistant Commissioner issued notices to the purchasers in possession of the lands, held an enquiry and noticing that the first sale transaction by the original grantee being within the prohibited period, the provisions of the Act are very much attracted that they are voided in terms of Section 4 of the Act and therefore declared to this effect and directed resumption of the lands in favour of the State and restitution to the original grantees in terms of the order dated 15-3-1999 Annexure-F in W. R Nos. 1916 of 2005 and 1918 of 2005 and Annexure-C in W. P. No. 1917 of 2005.