C C DEVASIA Vs. KARNATAKA APPELLATE TRIBUNAL BANGALORE

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the orders passed by the first and third respondents and has prayed for quashing of those orders.

(2.) THE brief facts necessary for the disposal of this writ petition is that an extent of 1-12 acres in Sy. No. 26/1c and 1-69 acres in Sy. No. 26/1b situated in Bilinele village were granted in favour of one Sri Devadanam Upadeshi under Section 48-A of the Karnataka Land Reforms Act, hereinafter referred to as the act. The petitioner claims to be a legatee under a Will dated 27-11-1985 executed by late Devadanam Upadeshi, who secured the occupancy right from the Land Tribunal. The Tahsildar made a report to the third respondent about the petitioner being in possession of the land as a legatee under the Will and recommended forfeiture of the land for violation of the conditions provided under Section 61 of the Act. The Assistant commissioner, after hearing the petitioner, passed the order forfeiting the lands to the state under the power vested in him under Section 83 of the Act.

(3.) PETITIONER challenged the said order before the Karnataka Appellate Tribunal and contended that the Will is neither a transfer nor an assignment and therefore, there is no contravention of the provisions of Section 61 of the Act and there is no question of any illegal transaction having come into existence, which gives jurisdiction to the Assistant commissioner to declare the transaction illegal. The Appellate tribunal did not accept these contentions and dismissed the appeal.