MANCHEGOWDA Vs. DEPUTY COMMISSIONER MANDYA DISTRICT

JUDGEMENT

(1.) WRIT petition is by a purchaser of a granted land that had been granted in favour of a person belonging to Scheduled Caste Community in terms of a grant order dated 12-11-1956 and followed up by issue of a saguvali chit dated 11-3-1965 which had been mortgaged in favour of the petitioner in terms of a mortgage deed dated 5-4-1965 followed up by a sale deed dated 22-11-1966.

(2.) THE Assistant Commissioner to whom the legal heirs of the original grantee had petitioned invoking the provisions of the Karnataka scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978, examined such an application after issue of notice to the petitioner, held an enquiry, found that the mortgage deed dated 5-4-1965 was in violation of the terms of the grant; that it was not only within the period of 10 years even from the date of the grant, but immediately following the issue of a saguvali chit, subsequent transaction of sale also gets voided in view of the provisions of Section 4 (1) of the Act and in terms of the Order dated 30-3-1999 invalidated such transactions, directed resumption of the land to the State and restitution to the applicants.

(3.) PETITIONER being aggrieved by this order of the Assistant commissioner had appealed to the Deputy Commissioner, who on examination of the appeal on merits, found that the first transaction by way of mortgage in respect of the granted land being within the period of 10 years is a transfer in violation of the conditions of the grant and therefore the order passed by the Assistant Commissioner was one deserving to be upheld and accordingly dismissed the appeal.