LEELAVATHAMMA Vs. DEPUTY COMMISSIONER CHICKMAGALUR

JUDGEMENT

(1.) In this petition, the petitioner has challenged the correctness of the orders passed by the Assistant Commissioner - 2nd respondent at Annexure-A and that of the Deputy Commissioner - 1st respondent at Annexure-B.

(2.) Sevya Naika, father of respondcnts-3 to 5 was granted 200 acres of land in Sy.No.2 situate in the village Chandrapura, Kadur Taluk by the competent authority on 20-12- 1955 under the Mysore Land Grant Rules. One of the conditions of the grant was that the grantee shall not alienate the land for a period of 15 years. However, by a registered sale deed dated 14-6-1965, respondents-3 to 5 alienated the said land in favour of Leelavathamma, the petitioner herein.

(3.) After the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the Act) respondents-3 to 5 presented an application before the Assistant Commissioner - 2nd respondent seeking for the benefit of the Act. Their case was that, on the death of their father, the original grantee, the said land came to be sold in favour of the petitioner in violation of the condition of grant and that therefore they were entitled for the benefit under Sections 4 and 5 of the Act. The Assistant Commissioner having notified the parties concerned and having held an enquiry passed an order as per Annexure-A, impugned herein, annulling the sale made in favour of the petitioner and directing restoration of the land in favour of respondents-3 to 5.