KRISHNAPPA NARAYANAPPA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 07.08.2008 passed by the Assistant Commissioner and the order dated 10.10.2011 passed by the Deputy Commissioner which are impugned at Annexures-C and B respectively.

(2.) The petitioner claims to be the owner in actual possession of the property bearing Sy.No.14/1 measuring 1 acre situate at Sulikunte village, Varthur Hobli, Bengaluru East Taluk. The said property is stated to have been purchased by his father under the registered sale deed dated 02.01.1969. The respondent Nos.4 to 6 herein claiming to have right over the said property as a grant made in favour of their grandfather Sri. Andyanappa through the grant order dated No.DD10/1954-55 filed an application before the Assistant Commissioner under Sec. 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act, 1978 ('the Act' for short) alleging that the sale of the granted land is contrary to the law and as such the sale be cancelled and the land be restored to them.

(3.) The Assistant Commissioner by the order dated 07.08.2008, in the absence of the contention by the respondents which includes the petitioner herein has arrived at the conclusion that there is violation of the provisions of the Act and in that light has directed restoration of the land to the applicants. Subsequently on the petitioner gaining knowledge of the said order has filed an appeal in No.SC.ST.(A)202/2008-09 before the Deputy Commissioner. The Deputy Commissioner after taking note of the contentions put-forth has by the order dated 10.10.2011 dismissed the appeal filed by the petitioner and it is in that circumstance the petitioner is before this Court.