THIPPAIAH Vs. DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA KARNATAKA

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order at Annexure-B, dated 22-5-1995 in SC PTL(A) 20/94-95 and has prayed for issuance of writ of certiorari and for the quashing of the above-mentioned order and for the dismissal of the application of respondent 3 in the case of SC PTL 2/94-95 which is on the file of the second respondent-Assistant Commissioner, Chitradurga Sub-division, Chitradurga.

(2.) The petitioner claims to be the owner in possession of the land in dispute bearing Survey No. 71/3 (New No. 431) area 5 acres situated in Hirehalli Village, Taluk Challakere, Chitradurga District on the basis of purchase of the said land made by him by and under the registered sale deed dated 31-5-1988 (Document No. 445/88-89) alleged to have executed by one Bharamaiah of Hirehalli Village. The petitioner claimed to be in possession of the land and enjoyment thereof under that sale deed. He alleged that the sale deed had been executed for valuable consideration. The petitioner's case is that respondent filed an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter described as the 'Act' of 1978) for declaration that the aforesaid sale deed dated 31-5-1988 has been invalid and void and for restoration of possession of the land to him. It has been alleged in the petition that respondent 3 claimed himself to be the son of vendor-Bharamaiah of Hirehalli. The 3rd respondent claimed that the land has been transferred in breach of the provisions of the Act of 1978. By order dated 13-1-1995 the Assistant Commissioner, i.e., respondent 2 after having held the enquiry came to the conclusion that the land had been alienated after a period of 31 years from the date of grant and there is no violation of the conditions of grant and dismissed that application. The true copy of the order has been annexed by the petitioner as Annexure-A to the writ petition. The petitioner's further case is that respondent 3 challenged that order of the Assistant Commissioner by filing the appeal before the 1st respondent i.e., Deputy Commissioner, Chitradurga District, Chitradurga. The 1st respondent-Deputy Commissioner, Chitradurga, by his order dated 22-5-1995 allowed the appeal filed by 3rd respondent and set aside the order of the Assistant Commissioner (Annexure-A). The Deputy Commissioner allowed the appeal on the sole ground that the petitioner had not obtained any previous permission of the State Government for purchasing the said land from Bharamaiah. The true copy of the order dated 22-5-1995 has been annexed by the petitioner as Annexure-B to the writ petition.

(3.) Having felt aggrieved from the order of the Deputy Commissioner dated 22-5-1995 the copy of which is Annexure-B to the writ petition the vendee i.e. the purchaser i.e., the present petitioner has filed this petition under Articles 226 and 227 of the Constitution of India for a writ or a direction in the nature of writ of certiorari and has prayed for quashing of the appellate order and has further prayed for a rejection of the application moved by respondent 3.