CHANDEVARAPPA R Vs. SANNA SIDDAIAH

JUDGEMENT

(1.) The petitioner, in this writ petition, has called in question the correctness of the orders, Annexures-C and B, passed by the Deputy Commissioner, Chikkamagalur and the Assistant Commissioner, Chikkamagalur Sub-Division, respectively.

(2.) It is not in dispute that Sanna Siddaiah, respondent-1 herein, is a person belonging to Scheduled Caste and he approached the Tahsildar for grant of a land under Darkhast rules. The competent authority, by its order dated 16-11-1951, granted two acres of land in Sy. No. 6 of Beekanhalli village in Chikkamagalur Taluk. One of the conditions incorporated in the grant of land made in favour of respondent-1 was that he shall not alienate the land. It is also not in dispute that respondent-1 sold the said land in favour of the petitioner under a registered sale deed dated 27-5-1968.

(3.) On coming into force of the Karnatake Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (the Act for short) respondent-1 moved the Assistant Commissioner, respondent-2 herein, for restoration of the land in question. Respondent-2, by his order, Annexure B, held that the alienation was null and void and he directed eviction of the petitioner and restoration of the land to respondent-1. Aggrieved by the said order, the petitioner preferred an appeal before the Deputy Commissioner, respondent-3 herein, who dismissed the appeal affirming the view taken by respondent-2. Hence this writ petition.