H. ROOPA DEVI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners have challenged the orders passed by respondent No.1 allowing the appeal and setting aside the order of the 2nd respondent who had allowed the application of the petitioners seeking resumption of granted land and its restoration.

(2.) The petitioners herein had filed an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978, asserting that the land measuring 1.00 acre in Survey No.87 of Kasavanahalli Village, Varthur Hobli, Bangalore East Taluk was granted to Chikkamuniga. It is asserted that the petitioners' father Hanumanna had purchased the Land from Smt. Muniyamma W/o Chikkamuniga by sale deed dated 05.03.1992, that the 6th respondent had purchased the land from the father of the petitioners by sale deed No. 2982/1995-96 dated 13.07.1995. Accordingly, as the property that was granted was sold without permission from the Government, it was contended that the land was to be restored in favour of the petitioners.

(3.) The Assistant Commissioner accepting the version of the petitioners in its entirety allowed the petition.