BASAVARADHYA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner claims to be owner of land bearing Sy. No. 162 (part of old Sy. No. 115) measuring 3 acres 34 guntas situated at Ramasandra Village of Narasapur Hobli in Kolar Taluk. In this writ petition, he is aggrieved by the order dated 21-10-2015 passed by the Deputy Commissioner, Kolar District, Kolar, thereby directing the land to be resumed to the Government and to effect entries in the revenue records as gomal land.

(2.) Facts, relevant for the case, stated in nutshell are that the land in question was earlier granted on temporary basis in the year 1945-46 to one Sreeramaiah S/o. Doddamuniyappa. The said grant was confirmed on 29-3-1956. While issuing the permanent grant certificate, a condition regarding non-alienation for a period of ten years from the date of confirmation of grant was imposed. However, before the expiry of the said period of ten years Sreeramaiah sold the land to Chikka Mandappa on 1-10-1960. Thereafter, the said Chikka Mandappa sold back the land to Sreeramaiah on 26-3-1963 along with other lands. Subsequently, on 16-9-1963, Sreeramaiah sold the land to one Ramakka and Ramakka in turn sold it to Reve Gowda, father of petitioner on 24-12-1965. Pursuant to the sale, name of father of petitioner was mutated in the revenue records. Upon his death, name of petitioner came to be mutated vide M.R. No. 16/99-2000.

(3.) Respondents 4 and 5 claim to be grandsons of original grantee-Sreeramaiah. Respondent 5 filed R.A. No. 417/2011-12 challenging the mutation Entry No. 16/99-2000. The same was dismissed as withdrawn on 8-5-2012. Subsequently, he filed one more appeal in L.N.D.R.U.O.(A)7/2010-11 before the Assistant Commissioner challenging the sale deeds executed in favour of father of present petitioner and his vendors. The said appeal was dismissed on 30-5-201 It is also necessary to notice that respondent 4 had also challenged the mutation entry in M.R. No. 16/99-2000 by filing R.A. No. 417/2010-11. The same was dismissed on 20-12-201 The said dismissal order was challenged before the Deputy Commissioner by filing R.A. No. 57/2013-14. It is in this proceeding, the Deputy Commissioner has passed the impugned order setting aside the sale made by the original grantee on 1-10-1960 holding that the said sale was in violation of the non-alienation clause imposed while granting the land prohibiting the grantee from alienating the property for a period of ten years. The Deputy Commissioner has also issued a direction to the Tahsildar to take over the land to the Government and continue entries in the revenue records showing it as gomal.