UPPAR MALLESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition is by a purchaser of agricultural land measuring an extent of 0. 54 acres of land in sy. No. 62/b and also an extent of 0. 85 acres of land in Sy. No. 63/b of Chikkajayeganur village, Hospet Taluk, Bellary District, in terms of a sale deed dated 3-11-1976 claiming to have been executed by one Shiddalingappa.

(2.) THOUGH the petitioner was in peaceful possession and enjoyment of this land the 4th respondent one Smt. Dasara Lingamma, W/o. Shivappa claiming to be a granddaughter of the original grantee had filed an application before the Assistant Commissioner in the year 2001 under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of transfer of Certain Lands) Act, 1978 (for short, the 'act') praying for invalidation of the present sale transaction and the earlier transactions on the premise that the original grant being one in favour of a person belonging to Scheduled Caste Community; that it had been imposed with a condition that the land should not be sold in favour of non-scheduled caste community persons for ever etc. , and such a land having been sold by the legal heirs of the original grantee and presently the respondent in the application viz. , the present writ petitioner being in possession and enjoyment of the land who had claimed such ownership and possession under the sale deed dated 3-11-1976 said to have been executed by the said Shiddalingappa the transactions are required to be invalidated and the land resumed to the State and restituted to the applicant as a legal heir of the original grantee.

(3.) THIS application had come to be registered as PTCL No. 27 of 2001-2002 before the Assistant commissioner, Hospet. Respondent was put on notice and the respondent entered appearance through Counsel and also filed his objections to the application as also a written submission, copy of which is produced as Annexure-A to the present writ petition.