AMMANI VERGHESE Vs. RAMA MUGERA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the Order dated 9th june, 1992, passed by the deputy commissioner, dakshina kannada, mangalore, dismissing the petitioner's appeal and affirming the Order dated 17-5-1985, passed by the assistant commissioner in proceedings under Section 5 of ACT 2 of 1979, as well as Order dated 20th august, 1984, that was originally passed in the earlier proceedings.

(2.) FACTS of the case in the nutshell are that the petitioner is a purchaser of granted land from the grantee. The land was granted in favour of deyyu mogera on 25-12-1937, under depressed class assignment rules. The land that had been granted had been 0. 45 acre in sy. No. 171/4 and the grantee had also been granted 0. 10 acre in sy. No. 171/15 of the same village. The alienation of the property that is 0. 10 acre was made in favour of the petitioner by Sri rama mogera, son of the original grantee, to a person who did not belong to scheduled caste. The authorities allowed the application under Section 5 (1), read with Section 4 of the ACT and held the transfer to be in breach of non-alienation condition of original grant and therefore to be null and void and ordered resumption of land to the government and thereafter restoration to the legal representatives of the original grantee.

(3.) HAVING felt aggrieved from the Order of the assistant commissioner, dated 20th august, 1984, the petitioner filed an appeal before the deputy commissioner, which has been dismissed by the deputy commissioner. From these proceedings the matter had come up in writ petition to this court under article 226 of the constitution and the matter was remanded and referred to the assistant commissioner for decision afresh. The assistant commissioner on 17-5-1985 passed another Order, holding the transfer to be invalid, null and void under Section 4 and directed handing over of possession to the government for restoration to the original grantee or his heirs. From that Order dated 17-5-1985, the petitioner filed appeal under Section 5-a of the ACT namely sc/st (ptcl)22/1985-86 and the deputy commissioner by his Order dated june 9, 1992, dismissed the appeal and opined that alienation which was made in favour of the petitioner, non-depressed class person was null and void and directed the assistant commissioner to take further action under Section 5-a of the act. From that Order the petitioner alienee has filed this petition under Article 226 of the constitution.