DYAVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is by a purchaser who had purchased an extent of 1 acre of land in terms of sale deed dated 4-3-1970 of a land that had been originally granted free of cost in favour of a person belonging to scheduled Caste Community in terms of grant order dated 21-12-1955.

(2.) UNDER the grant order, an extent of 2 acres had been granted in favour of one Sri Hanumappa, out of which an extent of 1 acre had came to be sold to the father of the petitioner in terms of sale deed dated 4-3-1970 and another extent of land also had been sold in the year 1995.

(3.) THE legal heir of Sri Hanumappa viz. , Dasappa had filed a case before the Assistant Commissioner under the provisions of Karnataka scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978 praying for invalidation of the sale transaction, for resumption of land to the State and for restitution in his favour. The Assistant Commissioner issued notice to the purchaser and held an enquiry and in terms of his order dated -12-2002 copy at annexure-F concluded that the sale transaction of the year 1995 should be held as invalid as this transaction had not been preceded by permission of the Government for such sale, nevertheless, saved the transaction of 1970 being of the view that the sale having taken prior to the provisions of the SC and ST Act coming into force, it is saved and declined to interfere with the sale transaction of the year 1970.