SEVEMNE DSOUZA Vs. ASSISTANT COMMISSIONER MANGALORE

JUDGEMENT

(1.) this petition is directed against the Order dated 4-9-1995, the copy of which has been produced as annexure-a, passed by the second respondent confirming the Order dated 6-2-1992, the copy of which has been produced as annexure-b, passed by the first respondent declaring the sale of land measuring 3 cents situated at kadri-b village, mangalore taluk, by means of a registered sale deed dated 25-8-1988 made by the husband of the third respondent as null and void and further directing that the said land is resumed to the government.

(2.) though this petition is posted for preliminary hearing, Sri M.Siddagangaiah, learned High Court government pleader is directed to take notice for respondents 1 and 2 and also requested to appear as amicus curiae for the third respondent taking into account that the direction of notice to the third respondent is likely to cause financial loss and hardship to her. With the consent of the learned counsel for the petitioner and the learned High Court government pleader, the petition is taken up for final hearing and disposed of by this order.

(3.) Sri A.Keshava Bhat, learned counsel for the petitioner, made two submissions. Firstly, he submitted that the grant of land in question was made to the husband of the third respondent under clause 15 of the Madras board standing order; and under clause 15 of the Madras board standing Order, the condition prohibiting alienation of the land granted to a depressed class person could be imposed provided the land was reserved for harijan colony; and the land in question was not reserved for harijan colony (scheduled castes) and as such, there could not have been any condition prohibiting the sale of land in question permanently to persons other than scheduled castes. It is his second submission that since the third respondent, who had appeared before the first respondent, stated that she was not interested in getting back the land, the first respondent has seriously erred in law in directing that the said land shall vest with the state government and the state government could resume the said land.