SHIVAYYA MULLIKARJUNAIAH MYSORE Vs. ASSISTANT COMMISSIONER SIRSI

JUDGEMENT

(1.) in this writ petition, the petitioner has challenged the orders made by the assistant commissioner at Annexure 'a' and that of the deputy commissioner at Annexure 'b'. He has sought for quashing the same for the reasons set out in the petition. The facts that are necessary for the disposal of the writ petition are as follows: 11-27-00 in sy. No. 50 situated in the village kyasankeri mundgod taluk, uttara kannada, came to be granted by the competent authority in favour of kalawwa mother-in-law of respondent-3 during the year 1952-53 under the erstwhile Bombay land grant rules (hereinafter referred to as 'rules') subject to certain conditions.

(2.) it is stated that as there was breach of conditions imposed in the grant, the competent authority cancelled the grant and forfeited land in favour of the government in the year 1959 and again there was an order in the same year regranting the land in question in favour of peerappa under what is known as impartible tenure system. Thus, a saguvali chit was issued afresh on 1-9-1961 so as to enable peerappa to cultivate the land in terms of the grant.

(3.) while so enjoying the land by the grantee peerappa, he sold the granted land in favour of gundappa mallikarjunaiah Mysore by a registered sale deed dated 13-6-1972, for valuable consideration. It is submitted that eversince the date of sale of land made in favour of gundappa, he was enjoying the granted land.