MALLAMMA W/O SHANTAPPA NANDI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged the orders dated 21.12.2015 and 3.12.2013 passed by the 1st and 2nd respondents (vide Annexure-E and D to the writ petition) respectively.

(2.) The land bearing Sy. No.62/3 measuring 12 acres 6 guntas situated at Muthhaladinni village, Tq. B.Bagewadi, District Vijayapura was granted to one Durgappa Shivappa Madar, by the Land Tribunal under the Karnataka Land Reforms Act, 1961, in its order dated 8.7.1976. It transpires that in the partition dated 3.9.1988 the said land in question has fallen to the share of respondent Nos. 3 and 4. After lapse of 34 years, the respondent Nos. 3 and 4 have executed a sale deed on 24.8.2010 in favour of the petitioner, accordingly the name of the petitioner was entered in the revenue records. It appears that after lapse of three years from the date of execution of the sale deed, the respondent Nos. 3 and 4 have filed an application before the 2nd respondent under section 4 of the Karnataka Schedule Caste/Schedule Tribe (Prohibition of Transfer of Certain Lands), Act, 1978, seeking to declare the sale deed as void. The 2nd respondent passed the order dated 3.12.2013 which is confirmed by the 1st respondent. Hence, this writ petition.

(3.) The learned counsel Smt Ratna M. Shivayogimath, appearing for the petitioner would contend that the occupancy rights were conferred on the father of the respondent Nos. 3 and 4 under section 48(A) of the Karnataka Land Reforms Act, 1961, as such, the same would not fall within the ambit of 'granted land' defined under section 3(1)(b) of the Karnataka Schedule Caste/Schedule Tribe (Prohibition of Transfer of Certain Lands), Act, 1978. Hence, the said Act is not attracted to the present case.