KRISHNAPPA Vs. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT

JUDGEMENT

(1.) BY this petition, petitioner has challenged orders dated 24th april, 1992, passed by the assistant commissioner in proceedings under Section 5 of ACT 2 of 1979, whereby, the assistant commissioner has taken the view that the sale of the land by the grantees in favour of the transferees and predecessors of the present petitioner were null and void as the transfer of the sales have been in contravention of these conditions contained in the grant and so, ordered that the persons under them be evicted from the land and land be resumed.

(2.) FEELING aggrieved from the Order of the assistant commissioner, the present petitioners, who are alienees of the grantees have come up in writ petition.

(3.) THE facts of the case in the nutshell are: according to the petitioners, the land was granted on 13-5-1960, in favour of chikkamuniga, 2 acres and in favour of munishamappa alias munishamy, 2 acres and in favour of berikappa, 2 acres, that is, 6 acres of sy. No. 70, of village ranganathapura. The possession of the land was taken by the grantees on 14-7-1960. Petitioners' case was that the grant was a temporary grant for a period of 5 years. The grantees never got the re-grant or confirmation of the grant. The grantees, as per terms of the grant, had to deliver and surrender the possession to the state government. The grantees made transfers of the land by deeds dated 8-12-1970, 3-6-1965, 1-9-1965 and 1-9-1967, in favour of bachegowda and maddurappa respectively. Petitioners have clearly stated that one of the conditions of lease was that the lease or grant of the land and possession of land so leased had to be surrendered to the government.