SEETHARAMACHARI Vs. DEPUTY COMMISSIONER KOLAR

JUDGEMENT

(1.) THIS is a matter which has reached this Court for the second round, having been once remanded to the Deputy Commissioner the Appellate authority functioning under the provisions of the Kamataka Scheduled castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978, in terms of the order passed by this Court on 7-1-1997 in W. P. No. 19717 of 1996.

(2.) WHILE in the earlier round, the writ petition was at the instance of the person claiming under the grantee who had complained against the order of the Appellate Authority in allowing the appeal and upsetting the order passed by the Assistant Commissioner who had directed resumption and restoration of land in favour of the applicant-legal heir of the original grantee, in the present round, the writ petition is by the person claiming under the purchaser.

(3.) THE subject-matter is an extent of 2. 20 acres of land in Survey No. 66 of Kanagal Village, Tekal Hobli, Malur Taluk which had been granted under the Depressed Class Dharkhast Proceedings Rules of mysore Land Revenue Code, 1888, in favour of one A. K. Thimmaraju in terms of a grant order of the year 1941-42 and subject to certain conditions. It was a part of this land which was sold by the grantee in terms of sale deed dated 8-10-1963 in favour of one Maligachari, father of the present petitioner. This transaction was made subject-matter for proceedings before the Assistant Commissioner by the grandson of the original grantee praying for action in terms of the provisions of Section 4 of the Act.