SHAHANAZ BEGUM Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) These writ petitions are filed by the petitioner being aggrieved of the orders passed by the Assistant Commissioner, Gulbarga, dated 30th September, 2009 allowing the application for resumption and restoring the land in favour of the party respondent, which is confirmed by the Deputy Commissioner, Gulbarga by the order dated 23rd August, 2011. The facts of the case to be stated in brief are husband of the 4th respondent was granted 3 acres of land in Sy. No. 442/2/1 of Yadrami Village, Jevargi Taluk by the Assistant Commissioner vide order dated 3rd August, 1981 in No. 83/1981-82. The said land came to be sold vide Document No. 80/1997-98, dated 26th April, 1997 without prior permission from the Government thereby violating the provisions of Section 4(2) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as "the Act' for short).

(2.) The learned Counsel for the petitioner submits that the Assistant Commissioner did not find whether the grant was for an upset price or not, the action initiated is after lapse of more than 10 years, which is unreasonable violative of Article 14 of the Constitution of India, the sale effected on 26th April, 1997 is beyond the period of 15 years of non-alienation clause, and therefore, provisions of Sections 4 and 5 of the Act are not applicable. He further submits that Sri Kashinath, who has been sold portion of the land by the petitioner, has not been made a party nor heard in the matter, and therefore, the impugned orders are not sustainable. Lastly, the learned Counsel submits that the vendor of the petitioner has sold the land for his family and legal necessities for a valuable consideration and he was not misled by the petitioner.

(3.) The learned High Court Government Pleader and the learned Counsel for respondent 4 support the impugned orders and pray for dismissal of the writ petition.