SHYAMA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, in this writ petition, has called in question the correctness and legality of the orders passed at Annexures-A and B by the Assistant Commissioner and the Deputy Commissioner, respondents 2 and 3 herein respectively.

(2.) The undisputed facts as disclosed from the impugned orders as well as the pleadings of the writ petition are that 1 acre 28 guntas of land in Sy. No. 748 of Sakrepatna village, Kadur Taluk, Chickamagalur District, was granted in favour of Krishna Naika, husband of respondent-4 Parvathi Bai, by the competent authority under the then Darkast rules, in proceedings No. GMSC. R.22/55-56. Accordingly, a saguvali chit also came to be issued on 21-12-1956 under certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of 15 years from the date of grant. However, the granted land came to be sold in favour of the petitioner by a registered sale deed dated 24-12-1963 for valuable consideration. It is the case of the petitioner that ever since the date of sale, he has been in possession and enjoyment of the said land.

(3.) After coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (the Act for short), respondent-4, widow of late Krishna Naika, the original grantee, approached the Assistant Commissioner to grant him relief under the Act. Her case was that the granted land was sold by her husband in contravention of the condition, of the grant and that therefore she was entitled for relief under Sections 4 and 5 of the Act. The Assistant Commissioner, having notified both parties and having held an enquiry, passed an order as per Annexure-A holding that the alienation made in the case was null and void as it was effected in contravention of the condition of the grant and that respondent-4 was entitled for restoration of the land.