SREENIVAS GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned government pleader, Smt. Bharathi nagesh.

(2.) BY this petition, the petitioner has challenged the order dated 29-3-1995, passed in case No. Ptch 12 of 1993-94, by the assistant commissioner, in proceedings under Section 5 of the act 2 of 1979, that is scheduled castes/scheduled tribes (prohibition of transfer of certain lands) Act, 1979, whereby the concerned authority declared sale deed dated 4-9-1965, to be null and void under Section 4 (1) and directed the resumption of the land and its restoration in favour of respondent 3. The petitioner has further challenged the order of the appellate authority dated 9-7-1996, passed in appeal No. Ptch 6 of 1995-96, whereby the deputy commissioner has affirmed the order of the assistant commissioner.

(3.) THE facts of the case in nut shell are that 2 acres of land (survey No. 156, new No. 360) situated in village badigadi, hariharpura hobli, koppa tq. , had been granted in favour of the father-in-law of the 4th respondent vide. , grant dated 16-12-1958 and the saguvali-chit had been issued on 16-12-1958 and the grantee was put in possession of the land. The grantee vide. , sale deeds dated 4/5-9-1965, transferred the land in favour of the petitioner. The proceedings under Section 5 of act 2 of 1979, had been initiated and after enquiry the assistant commissioner allowed the application by his order dated 29-3-1995, directing the resumption of the land-subject matter of sale deed dated 4-9-1965 and its restoration to the legal representatives of the original grantee. The petitioner-alienee felt aggrieved from the order dated 29-3-1995, preferred appeal before the deputy commissioner and the deputy commissioner dismissed the appeal and rejected the contentions made by the present petitioner-appellant and affirmed the finding and order of the assistant commissioner.