H A JAYARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions, the petitioner who is common to all the writ petitions, has challenged the impugned orders of the Deputy Commissioner, Chickmagalur District, Chickmagalur, and the Assistant Commissioner, Chickmagalur Sub-Division, Chickmagalur, passed under Annex- ures -G' 'H' and 'J' and Annexures 'D', 'E' and 'F' respectively.

(2.) The petitioner is adversely affected by resumption of lands which were purchased by him from the original grantees and restoration to them on the ground that the sale transaction had taken place before the expiry of the period restricting alienation. The action taken by respondent-3 and approved by respondent-2 in appeals is under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short the Act').

(3.) Briefly set out the facts of the cases are as follows : The petitioner purchased 2 acres of land situated in Sy. No. 29 of Kammara gudu village, Gonibeed Hobli, Mudigere Taluk, under three different registered sale deeds dated 12-7-1971 for valuable consideration from each of respondents-4 to 6 who are the original grantees. The Assistant Commissioner issued notice to the petitioner under the provisions of Section 5 of the Act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting the petitioner. Thereafter, the petitioner preferred appeals before the Deputy Commissioner who is the appellate authority against the orders of the Assistant Commissioner. But the appellate authority confirmed the impugned orders of the Assistant Commissioner and, as a result, the petitioner has approached this Court through these writ petitions.