THANGAVELU GOUNDER Vs. DEPUTY COMMISSIONER SHEMOGA DISTRICT

JUDGEMENT

(1.) HEARD.

(2.) PETITIONER is the purchaser of 1 acre 37 guntas out of the land measuring 2 acres 17 guntas bearing Sy. No. 2/1, of Bhadrapura Village in Bhadravathi Taluk, Shimoga District which was granted under dharkhast to the husband of respondent 3 the late Thimmappa on 4-1-1964. He prays to quash the order at Annexure-A dated 12-1-1989 of respondent 2-Assistant Commissioner and the order dated 27-11-1997 of respondent 1-Deputy Commissioner produced as Annexure-B whereby he is directed to be evicted from the said purchased land for the purpose of its restoration to respondent 3 under Section 5 of the Karnataka scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for short ).

(3.) IT is an undisputed fact that the said land measuring 2 acres 17 guntas was granted to respondent 3's late husband Thimmappa with a condition not to transfer it for a period of 15 years and that within this prohibited period 1 acre 37 guntas thereof was sold by him to petitioner on 12-8-1970. After the grantee's his death, when respondent 3 made an application before the Assistant Commissioner, he passed his impugned order which in appeal was confirmed by the Deputy Commissioner, holding that the said sale in petitioner's favour was null and void in view of section 4 of the Act, and as such, respondent 3 was entitled to resumption thereof.