M NARAYANAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) These two writ petitions, though are by two different persons, both of whom are claiming as legal heirs of persons in whose favour agricultural lands had been granted - an extent of 2 acres each - way back in the year 1947 and as persons belonging to depressed class [Adi Karnataka] and directed against different orders passed by the Assistant Commissioner and the Deputy Commissioner-statutory functionaries under the provisions of the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], first as original authority and second as the appellate authority - after having heard the matter at length, I am disposing of the petitions by this common order, as the legal issues that are canvassed on behalf of the petitioners and the respondents are common, though on facts, some more issues are sought to be raised in so far as the respondents 3 to 5 in W.P.No.8141 of 2003 are concerned.

(2.) Both petitions owe their origin to the proceedings under the Act and the Assistant Commissioner having initiated the proceedings suo motu in terms of Section 5 of the Act for invalidating the transfers that had been effected either by the grantee or their legal heirs, as also the subsequent series of transactions that had taken place, till the proceedings were initiated and by issue of notice to persons who were presently in occupation of the subject lands.

(3.) In so far as WP No.8141 of 2003 is concerned, the petitioner claims to be a legal heir i.e., son of one Muniyappa, who had been granted an extent of 2 acres of land in Sy No.28, new No.135 of Byrathi Village, Bidarahalli Hobli in the then Bangalore South taluk, in terms of grant order followed by issue of saguvali chit dated 8-6-1947 and granted under the Depressed Classes Dharkhat proceedings Rules i.e. the relevant Rules of Mysore Land Revenue Code. This land, it appears, had been transferred by the grantee in the year 1967 and had thereafter changed several hands and ultimately purchased by the respondents 3 to 5 in terms of the, sale deed dated 17-2-1993 and the persons who were in possession to whom the Assistant Commissioner on taking suo moto action under the provisions of the Act, had issued notices in terms of Section 5 of the Act.