DODDEGOWDA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS intra court appeal is by the unsuccessful petitioners called in question the order dated 22nd September 2014 of the learned single Judge dismissing W.P.No.39015/2014.

(2.) FEW facts for consideration are: Land bearing Sy.No.39/20, measuring 2 acres, of Balemaranhalli village, Bhadravathi Taluk, Shimoga District when granted in favour of one Thimmavovi, since deceased, represented by his widow the 3rd respondent, on temporary lease basis, for a period of 5 years on 8.8.1959 by the revenue authorities, on expiry of the said period, was granted by order dated 21.12.1963 followed by issue of grant certificate. It appears that 3rd respondent conveyed the land in favour of Thippaiah under a sale deed dated 16.1.1964, who in turn conveyed the same in favour of the husband of the 1st appellant by name Doddegowda, since deceased represented by LR's, under registered sale deed dated 5.5.1966. On a report submitted by the Tahsildar, Shimoga, proceeding was initiated by the Assistant Commissioner under Section 4(1) of the Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'Act'), and by order dated 1.7.1987, held that the grant was under the Karnataka Land Grant Rules as prevailing during the year 1960, more appropriately, Rule 43 -G (4) following which, saguvali chit was issued on 21.12.1963 after collecting Rs.200/ -, laced with a condition of non -alienation for a period of 15 years and therefore the first sale of the said land, on 16.1.1964 was hit by the Section 4 of the Act and accordingly directed its resumption.

(3.) THE appellant called in question the said order in an appeal before the Deputy Commissioner invoking Section 5A of the Act, which when dismissed by order dated 28.7.2014, resulted in Writ Petition 39015/2014.