CHICKKATHIMMAIAH Vs. DEPUTY COMMISSIONER KOLAR

JUDGEMENT

(1.) HEARD , learned Counsel for the petitioner and Sri V. Jayarani, learned government Advocate for respondents 1 and 2 as well as Sri B. Seetharama Rao, learned counsel for respondent 3.

(2.) THIS petition arises from the judgment and order dated 8-5-1998 passed by the Deputy commissioner, Kolar District, dismissing the appeal of the transferee i. e. , purchaser from the order dated 6-5-1994 passed by the Assistant Commissioner, Kolar, in proceedings under section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978. The Assistant Commissioner has declared the transfer deed or sale deed executed by the grantee dated 8-9-1976 to be null and void in view of Section 4 (1) of the act. After declaring the deed to be void, the Assistant Commissioner directed possession to be taken and then said land to be vested in the Government. The Appellate Authority affirmed this order. The land in question had been granted in favour of Muniyappa s/o Kadirappa by grant dated 21-7-1974. The land in dispute in the present case is Sy. No. 55/5 situated in beedaganahalli Village, Nandi Hobli, Chickkaballapur Taluk, Kolar district. Along with this land, another survey number was also granted to another person. But for the purpose of present petition we are concerned with Sy. No. 55/5. Under the grant admittedly there was a condition of non-alienation, prohibiting alienation or transfer of granted land in favour of any person for a period of 15 years. The grantee sold 1 acre 20 guntas of land of this survey number in favour of sri Chickka Thimmaiah vide sale deed dated 8-9-1976 out of the land granted to him. The assistant Commissioner found that the transfer was made within a period of two years from the date of grant and so it was in violation of non-alienation clause which debars the grantee from making transfer of any granted land for a period of 15 years from the date of grant. It may be mentioned here that the transferee i. e. , the present writ petitioner also claims himself to be belonging to Scheduled Tribe. Feeling aggrieved from the order of the Assistant Commissioner dated 6-5-1994, the transferee preferred an appeal namely RA. SC. ST. 7/94-95. Really that appeal was filed by both the transferees. The learned Commissioner opined that there being absolute bar against transfer of granted land in favour of any person and there was no excepion or exemption regarding transferee being a person belonging to Scheduled Caste or Scheduled tribe, the transfer made by the grantees in favour of the petitioner and another person, even though they might be belonging to Scheduled Caste or Scheduled Tribe category, was in contravention of the terms of the grant, the Appellate Court affirmed the order of the Assistant commissioner.

(3.) FEELING aggrieved from this order of the Deputy Commissioner, copy of which is annexed as annexure-D to the writ petition, one of the appellants namely Chickkathimmaiah has come up before this Court by filing writ petition. The another appellant before the Appellate Court namely Sri Ramappa has not challenged the order of the Deputy Commissioner.