GIRIYAJAH Vs. SINGARAIAH

JUDGEMENT

(1.) HEARD Sri m. Sivappa, learned counsel for the petitioner, Smt. Shantha kumari, government pleader for respondents 2 and 3 and Sri n, devadas, Advocate for respondent 1. In this case an application under Section 5 of the scheduled castes/scheduled tribes (prohibition of transfer of certain lands) ACT (act 2 of 1979) was made by the grantee who claimed himself to be a harijan i. e. , scheduled castes. According to the petitioner's case, the land was granted by the state on 7-5-1952 and saguvali chit was issued in favour of the petitioner. Petitioner's case has been that land had been granted free of cost. It was further alleged that as per terms of the grant, the grantee cannot and could not alienate the property. Petitioner's further case is that respondent 1 had illegally obtained the sale deed in respect of 8 guntas of land out of the land granted to the petitioner. That vide sale deed dated 6-5-1957, the sale was effected, and the sale was null and void being in violation of non-alienation clauses. The assistant commissioner-respondent 2 by his Order dated 18-3-1996 rejected petitioner's application without holding any due enquiry.

(2.) HAVING felt aggrieved from the Order of the assistant commissioner, the petitioner filed an appeal which had been dismissed by the deputy- commissioner viz. , 3rd respondent on the ground of want of jurisdiction.

(3.) FEELING aggrieved from the same, petitioner filed writ petition No. 4363 of 1991, which had been allowed by this court by Order dated 5-1-1996 and this court directed the deputy commissioner, mandya to entertain and decide the appeal. By Order dated 22-4-1996, learned deputy commissioner, mandya dismissed the petitioner's appeal with the observation and finding to the effect that even if there was a sale of the granted land between the appellant and respondent and even accepting there was sale transaction for consideration vide the sale deed dated 6-5-1957, respondents who actually acquired land under the void title deed or invalid title deed, perfected his title by adverse possession by long and uninterrupted possession and enjoyment for a period of more than 12 years and as such the sale transaction did fall outside the provisions of Karnataka scheduled castes and scheduled tribes (prohibition of certain lands) act, 1979.