SRI. RAMU.B Vs. DEPUTY COMMISSIONER DAVANAGERE

JUDGEMENT

(1.) The petitioner is a purchaser of lands through sale deed dated 14.06.1989 for an extent of 10 guntas and 10.02.1992 for an extent of 30 guntas. Proceedings were initiated for cancellation of the grant stating that the sale deed was executed in violation of the Karnataka Scheduled Castes/Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (herein after referred to as the 'Act' for short) by the grantees before the Assistant Commissioner. The Assistant Commissioner is said to have allowed the said application and after having recorded a finding that the said sale deeds have been executed in contravention of the provisions of Sec. 4(1) of the Act, directed that proceedings be initiated to restore the land to the legal representatives of the original grantee. As against the said order, petitioner had challenged the order of the Assistant Commissioner by initiating proceedings before the Deputy Commissioner in case No.PTCL/CR- 05/2018-19. The petitioner states that, in the appeal proceedings, he was a beneficiary of an interim order dated 31.08.2018 and the proceedings came to be adjourned to different dates, and on 22.10.2018 matter was adjourned to 30th Nov., 2018. The petitioner states that without notice the proceedings have been preponed and the case advanced to 02.11.2018 and the Deputy Commissioner has passed an order vacating the interim order dated 31.08.2018 and adjourned the matter to 10.11.2018. Petitioner states that the said advancement of the date of hearing and passing of the order on 03.11.2018 was without notice to the petitioner.

(2.) The counsel appearing for the third respondent points out that the proceedings before the Deputy Commissioner have not been conducted in a proper manner, in so far as there are number of discrepancies as regards the dates of hearing and states that on a perusal of Annexure 'F' which is the order sheet, the Deputy Commissioner on

(3.) Heard both sides.