B N YAGATAPPA Vs. GADLAPPA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner-sri s. v. prakash and Sri c. b. minajagi for respondents 1 to 7 and Smt. Shanthakumari learned government pleader for respondents 8 and 9. These petitions raise common question of law in the contest of common facts so are being disposed off by common order.

(2.) BY these petition, the petitioners have sought the issuance of writ of certiorari and the quashing of the order passed by the assistant commissioner, shimoga dated 16-8-1995, in case No. Sc/st 68 of 1985-86, on 9-6-1997, copy of which is Annexure-B to the writ petition, as well as quashing of the order passed by the deputy commissioner, shimoga in sc/st case No. 68 of 1985-86, on 9-6-1997, and also the order of the assistant commissioner, shimoga sub-division, shimoga in case nos. Ptcl. Cr. 272 of 1979-80, 275 (b) of 1979-80, 276 of 1979-80, 277 of 1979-80, 278 of 1979-80, 284 of 1979-80 and 285 of 1979-80.

(3.) THE facts of the case in brief are that the land in question involved in these cases were granted under durkasth payment system, by an order dated 21-10-1962. The survey number involved in these cases, as mentioned in paragraph 3 of the writ petition was divided into 8 blocks. Out of 8 blocks, 6 blocks contained 32 guntas each and two blocks contained 31 guntas each. The original grantees sold these blocks granted to them, to one basavanneppa under registered sale deed dated 24-8-1966 and the transferee according to the petitioner's case was put in the possession of the lands. Said basavanneppa sold the lands to lalithamma under registered sale deed and lalithamma sold these lands to the petitioner. Proceedings under Section 5 (1) of the scs/sts (prohibition of transfer of certain lands) Act, 1978 (act 2 of 1979) were initiated on the report of the tahsildar, shimoga, to the assistant commissioner.