RANGASWAMY Vs. ASSISTANT COMMISSIONER SHIMOGA

JUDGEMENT

(1.) HEARD.

(2.) THE Government land measuring 1 acre 28 guntas in old Sy. No. 43/7, new Sy. No. 86 of Bommanakatte Village, Bhadravathi Taluk, shimoga District was granted to respondent 3 under Grant Certificate dated 3-10-1961 produced as Annexure-A. On 20-6-1963, the said land was sold by respondent 3 to one Channaiah, who, in turn, sold the same to petitioner on 24-4-1975.

(3.) SUBSEQUENTLY, respondent 3-grantee made an application to the assistant Commissioner for resumption of the land under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of transfer of Certain Lands) Act, 1978 ('the Act' for short ). Then an enquiry was held by the Assistant Commissioner agamst petitioner. The order dated 12-3-1998, produced as Annexure-C, came to be passed by him allowing respondent 3's application and directing petitioner's eviction from the land for the purpose of its restoration to respondent 3 under Section 5 (1) of the Act, on the ground that the land was alienated on 20-2-1963 in favour of said Channaiah in violation of then existing sub-rule (4) of Rule 43-G of the Mysore Land Revenue (Amendment)Rules 1960 ('the Rules' for short) which prohibited alienation of the granted land for a period of 15 years from the date of the grantee taking possession of the land after the grant. In appeal by the petitioner, the deputy Commissioner also passed his impugned order Annexure-D dated 9-3-1998 confirming the Assistant Commissioner's order. Hence, this writ petition by the petitioner praying to quash the impugned orders at Annexures-C and D of the Assistant Commissioner and Deputy commissioner, respectively.