SHIVANANJEGOWDA,RAMACHANDRA Vs. D S RAVI PRAKASHGUDIYAYA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned HCGP for Respondent nos. 1 to 3 and the learned counsel appearing for private respondents.

(2.) The petitioners are before this Court being aggrieved by the order passed by the first respondent in Case No.PTL:CR:1:01-02 dated 28.2.2011 vide Annexure-C to the writ petition, whereby the first respondent was pleased to affirm the order passed by the second respondent in proceedings dated 24.7.2009 produced at Annexure-B to the writ petition.

(3.) There is no dispute with regard to the dates and events. The case of the petitioners is that, one Sannagudayya who was issued the grant certificate but the land was originally allotted to his father under Grow More Food Scheme in Block No.18 of Thirumaladevara Gudda Kaval Village, Hassan Tq. and the said allotment was made in the year 1958 and the said Sannagudayayya executed a sale deed dated 13.7.1967 conveying the subject land in favour of the petitioner's father and that after a lapse of 20 years, an application came to be preferred under Section 4(1) by the 4th respondent praying that the sale effected in 1967 may be nullified and voided and land be resumed to the applicant-4th respondent herein. That the second respondent by order dated 24.7.2009 was pleased to allow the application and thereby held that the sale transaction effected on 13.7.1967 is in violation of grant condition prohibiting alienation of the lands for a period of 15 years.