LAWS(KAR)-1998-5-1

K G VISHWANATH Vs. MUNIYAPPA

Decided On May 28, 1998
K.G.VISHWANATH Appellant
V/S
MUNIYAPPA Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) THE land bearing Sy. No. 34/1992 of Kalenahalli, Shikaripura Taluk, Shimoga District, measuring one acre was the Government land. It was granted under darkhast to respondent 1 by the competent revenue authority and the Saguvali Chit i. e. , 'grant certificate' dated 30-4-1962 was issued to him. On 26-6-1967 the said land was sold by respondent 1 to the petitioner's father late Kami Giddappa, under a registered sale deed. Having so purchased it, the latter had been in actual possession and enjoyment thereof. After his death, his son petitioner-Vishwanath is stated to be in enjoyment, possession and cultivation of the said land.

(3.) RESPONDENT 1-Muniyappa is a member of Scheduled Caste which fact is not in dispute. Somewhere in 1993 he made an application to respondent 2-Assistant Commissioner seeking restoration of the said land alleging that the same had been purchased by petitioner's father in contravention of the non-alienation condition of the grant which prohibited its transfer for 15 years from 1962-63. The formal enquiry was held by respondent 2 under Section 5 of the karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978 (the 'act' for short ). After enquiry an order at Annexure-B dated 28-2-1994 was passed by him against petitioner directing him to surrender the land to respondent 1 since it was purchased in breach of the said condition which was incorporated in Annexure-A grant certificate in accordance with sub-rule (4) of Rule 43-G of the Mysore Land Revenue (Amendment) Rules, 1960 framed by the Government of Mysore (Karnataka) in exercise of the powers conferred under Section 233 of the Mysore Land Revenue Code, 1888. That order of the assistant Commissioner was challenged by the petitioner in appeal before respondent 3-Deputy commissioner in SC/st 32:95-96 who dismissed the same by his order dated 23-10-1997, produced as Annexure-C. Hence this writ petition challenging the aforesaid impugned orders of respondents 2 and 3.