(1.) HEARD.
(2.) ON 30-9-1948 the petitioner was granted 2 acres 10 guntas of land in Sy. No. 96/3 of Kanur village in Shikaripur Taluk of Shimoga District initially on temporary lease then followed by permanent grant made on 14-3-1956. He is a member of the Valmiki Community. He sold the said land on 24-5-1966 under a registered sale deed to one Gangri Ranganna, who in turn, sold the same to respondent 3 on 26-2-1973.
(3.) ON an application made by the petitioner, the order dated 5-1-1993 was passed by the assistant Commissioner holding that the said alienation dated 25-4-1966 made by the grantee in favour of Gangri Ranganna as also its subsequent alienation by the latter to respondent 3 made on 26-2-1973 was null and void on the ground that the land was alienated by the grantee in-violation of the non-alienation condition. The said order of Assistant Commissioner was challenged in appeal by respondent 3 before the Deputy Commissioner who passed his impugned order dated 8-9-1997, produced as Annexure-B, allowing the appeal and setting aside the order of the Assistant Commissioner but directing resumption of the land to the Government instead of its restoration to the grantee. The grantee's prayer to restore the land to him was rejected by him on the ground that as on the date of grant i. e. , on 14-3-1956, the Valmiki Community did not belong to Scheduled Caste and that it was only in the year 1991 this community was included as the Scheduled Caste.