B SIDDARAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the argument of learned Counsel on both sides.

(2.) CERTAIN undisputed facts are that an extent of 3 acres of agricultural land in old Sy. No. 22 (New Survey No. 104) of Doddaboki Kere village, Tarikere Taluk of Chickmagalur District belonging to Government was granted free of cost to the late father of respondent 4-Chowdaiah on 22-12-1954 and the Saguvelli chit issued on 10-1-1955 with respect thereto was issued to him incorporating the condition that the granted land shall not be alienated by him for a period of 10 years. It is not in dispute that the grantee was a member of Scheduled Caste. Out of the said 3 acres of land, 2 acres 24 guntas thereof was sold by the grantee to the petitioner on 5-4-1971 under a registered sale deed. Since then, the latter is in possession and enjoyment thereof.

(3.) ON 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 made an application to respondent 3 seeking resumption of the said land sold to petitioner alleging that the same had been alienated by his father to the latter within the prohibited period. On enquiry the Assistant Commissioner passed the order at annexure-D dated, 19-11-1983 allowing respondent 4's application and directing petitioner's eviction from the land for the purpose of its restoration to respondent 4 holding its sale in petitioner's favour made by the grantee on 5-4-1971 was null and void since it was made within the prohibited period. The said order at Annexure-D of the Assistant Commissioner was challenged in appeal by the petitioner before respondent 2-Deputy Commissioner who dismissed the appeal by his order at Annexure-E dated 27-3-1985.