MUNIYAPPA Vs. DEPUTY COMMISSIONER KOLAR

JUDGEMENT

(1.) HEARD the petitioner's counsel-Smt. Asha m. Kumbargiremath and Sri p. k. ponnappa, counsel for respondent 3.

(2.) BY this petition, under article 226 of the Constitution ofindia, the petitioner has challenged and sought the quashing of orders dated 24-4-1993, in case No. Lnd. Sc. St. (m) 8:92-93, copy of which has been annexed as annexure-b, to the writ petition as well as the order passed by the appellate authority, that is, the deputy commissioner, kolar, dated 23-8-1994, in appeal No. Ra. Sc. St. 4:93-94, copy of which the petitioner has annexed as Annexure-C , to this writ petition, whereby the appellate authority confirmed the order of the assistant commissioner.

(3.) FACTS of the case in the nutshell are that gullappa thippa, who belonged to adi-karnataka caste was granted the land to the extent of 2 acres of sy. No. 213/4, situate in village hulimangala village, vide order of the assistant commissioner, dated 23-2-1963. According to petitioner, it was a free grant and that the grant was subject to certain conditions including the condition that the land shall not be alienated for a period of 15 years as per condition No. 8 of the saguvali chit. The land was for being cultivated by the original grantee. That after getting that land under the grant, the grantee sold the land on 7-10-1967 and transferred the granted land in favour of respondent 3, namely, Sri munishyamireddy and handed over the saguvali chit etc. , with possession of the land to respondent 3. Petitioner is the son of the grantee. According to the petitioner's case, petitioner had filed the application under Section 5 of act 2 of 1979 for restoration of the alienated land in his favour on the ground that this transaction of sale was hit by Section 4 of the act.