VEMULA SUDHEER KUMAR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner Nos. 1 and 2. and the respondent Nos. 5 and 6 claim to have purchased an extent of 2 Acres in Survey No.95 of Kodathi Village, Bidarahalli Hobli, Bangalore North Taluk, through Sale Deed dated 05.04.2004.

(2.) The petitioner has stated that the land is said to ha 'e been granted in the year 1951-52 to the original grantee. Grant is said to have been made in favour of Buddaga @ Buddappa. The petitioner submits that no originals as regards to the grant were available. It is stated that the grantee executed the first sale deed as regards a portion of land on 15.07.1970 and the other extent of land was sold through sale deed dated 17.03.1971. It is further submitted that there were certain other sale transactions and eventually the petitioners have purchased an extent of 2.00 acres on 05.04.2004 through their vendors, who trace their title eventually to the sale executed by the grantee.

(3.) The Assistant Commissioner, by his order dated 02.07.2008, while entertaining the application on behalf of the grantees, registered a case bearing No.K.SC.ST78/2005-06. Having entertained the application filed on behalf of the grantees for declaration that the sale transactions are illegal and have been executed in Violation of the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and seeking for restoration of the said land, has passed the order on 02.07.2008 recording a finding that the grantees belongs to Adi Karnataka Caste and the land is a granted land. Though the original grant documents were not available, the Assistant Commissioner has looked into the other records and recorded. a finding that it is a granted land. The Assistant Commissioner has verified the Saguvali Chit Issue Register for the years 1951- 1952 to 1956-1957 and has recorded a finding that the land was granted as per "D.D.No.9:51-52 in Sy.No.95 of Kodathi Village for an extent of 2.00 acres.