KAMALAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned AGA for official respondents and the learned counsel appearing for private respondents.

(2.) The case of the petitioner is that, the land to an extent of 5 acres comprised in Sy.No.275 of Challakere village was released in favour of one Challakeriah. That, in respect of the said land, saguvali chit in Form NO.II also came to be issued n favour of the said grantee on 9.5.1940. It is contended by the learned counsel for the petitioner that subsequently on 28.4.1950 there was another grant in favour of the very said person which has been negatived by the Deputy Commissioner and the Deputy Commissioner has rendered a finding holding that the grant is of the year 1940 and if that be so, the question arises whether the rules prevailing then enabled the State to impose such a clause of imposing non-alienation prohibition of alienated land. Though the said contention is urged, this Court is not adjudicating the said issue as similar matters have been disposed of on the issue of action of the official respondents beyond reasonable time and also the action of the applicant/grantees being vitiated by delay and latches. In the instant case, there is no dispute with regard to the dates, facts and events.

(3.) It is contended by the learned AGA that the land in question along with other lands in fact were granted to 4th respondent on 28.4.1950. That the said lands were conveyed to the predecessor in title of the petitioner under the sale deed dated 27.7.1972. As on the said date, there was no bar or prohibition to alienate the said lands. In fact, no action has been initiated by the authorities to nullify the sale transaction.