S NACHIMUTHU GOUNDER Vs. H B NAGARAJU

JUDGEMENT

(1.) THIS appeal is filed assailing the order of the learned Single Judge dismissing the writ petition. The brief facts of the case are.--Respondent 2 who belong to Korama Caste resides in Shagya Village of Kollegal Taluk, Mysore district. He was granted 5 acres 46 cents of land in Sy. Nos. 661/2c, 661/3b and 663/1b vide grant order dated 16-10-1963 with a non-alienation clause. Thereafter, 2nd respondent alienated the land in favour of the appellant. After the commencement of the Karnataka SC/st (Prohibition of Transfer of Certain Lands) Act, 1978, respondent 2 and his son respondent 1 filed an application for restoration of the land by declaring the sale as null and void. The Assistant commissioner, after issuing notice to the appellant and after conducting an enquiry allowed the application and ordered restoration of the land. That order was challenged in W. P. No. 16667 of 1973 before this Court on the ground that the grantee was not a member belonging to Scheduled caste and the Assistant Commissioner failed to record the finding. The writ petition was allowed and the matter was remanded. After remand, the Assistant Commissioner after conducting an enquiry and relying on the certificate issued by the Tahsildar, held that the 2nd respondent belongs to Uppara Korama Shetty Caste which is a Scheduled Caste and therefore, the alienation of the land granted to him is in violation of the prohibition clause and is violative of the grant rules and the same is null and void under Section 4 of the Act. Against that order, an appeal was filed before the 3rd respondent-Deputy Commissioner who confirmed the order of the Assistant commissioner. Hence, the writ petition.

(2.) LEARNED Single Judge after considering the rival contentions, dismissed the writ petition. Against that, the present appeal is filed.

(3.) LEARNED Counsel for the appellant firstly contended that Uppara Korama Caste is not the same as Korama Caste and therefore, it is not Scheduled Caste. The Assistant Commissioner after elaborately considering the contentions raised and on the basis of the material on record including the school certificate, has held that the respondents 1 and 2 belong to Scheduled Caste. This finding of the Assistant Commissioner is a pure finding of fact. We do not find any substance in this contention of the learned Counsel for the appellant.