CHANNABASAPPA SINCE DIED BY LRS Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners are the purchasers of the land bearing Sy.No.84/P to an extent of 3 acres 1 gunta situated at Hampanuru Village, Chitradurga Taluk, Chitradurga District, by virtue of a sale deed dated 25.04.1967 by the grantee.

(2.) It is stated that the grant was made in favour of Jogappa S/o. Hanumappa in the year 1953-1954 and the proceedings came to be initiated in the year 1996-1997 for the first time before the Assistant Commissioner by the legal representatives of the grantee seeking for resumption, declaration of invalidity of the sale deed and restoration of the land to the grantee. At the first instance, the Assistant Commissioner, by order dated 26.04.1999, had allowed the application filed and declared that the sale transaction was illegal. The Assistant Commissioner though noted that the original records relating to the grant were not forth coming and it was not possible to record the finding as to whether the grant was made free of cost or for reduced upset price, had presumed the grant to be one so as to be attracted by the provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and Rules 1979 and recording the finding that the sale transaction having been made within the non-alienation period of 20 years and that the grantee belong to Scheduled Caste, had allowed the application.

(3.) The matter was taken up in appeal before the Deputy Commissioner and the Deputy Commissioner, by order dated 27.11.2000, had set aside the order of the Assistant Commissioner and had remanded the matter for reconsideration. On remand the Assistant Commissioner, by order dated 09.08.2002, had rejected the application filed by the grantee and had observed that there were no original records as regards the grant. It was specifically observed by the Assistant Commissioner that no finding could be recorded as regards the nature of grant in the absence of original records. Matter was taken up before the Deputy Commissioner in appeal, who by order dated 14.09.2016, who has allowed the appeal and set aside the sale deeds as being in violation of Sec. 4(1) of the Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands Act, 1978) and directed resumption and restoration of the land to the Legal Representatives of the grantee.