DURGAPPA Vs. ASSISTANT COMMISSIONER AND OTHERS

JUDGEMENT

(1.) HEARD Smt. Jayasree, learned Counsel for the Petitioner as well as Government Counsel Sri V. Jayaram and Sri Rudragowda, learned Counsel for Respondent No. 3. In this case time had been given to the Respondents to file their counter affidavits twice, but none has filed the counter till to -day. Sri Rudragowda, prays for further time being granted for filing the counter affidavit. I reject his request for the reasons which may be shown hereinafter and which have been communicated orally to him.

(2.) THIS case had an exchequered history and this shows how on account of technicalities, the grantee had been denied the benefit of provisions of the Act for long and the cause of justice has been frustrated for such a good length of time. The facts of the case in the nutshell are that the land in question, namely land measuring 2 Acres of Sy. No. 9/1, block -2, was granted in favour of the present Petitioner vide Order number D.D. 98/1955 -56, dated 22.11.1956.

(3.) ON proceedings being initiated under Section 5(1), the Assistant Commissioner found the alienation to have been made by the grantee, who belonged to the Scheduled Caste in favour of present Respondent No. 3, within the period of prohibition, as the grant was made on 22.11.1956, and sale deed was executed on 5.4.1971. The Assistant Commissioner by order dated 23.10.1980, held the above sale to be hit by Section 4(1) of Karnataka Act No. 2 of 1979 and ordered resumption of the land.