SRI VENKATAPPA Vs. THE ASST. COMMISSIONER BANGALORE SOUTH SUB-DIVISION AND ANOTHER

JUDGEMENT

(1.) THE petitioner who is stated to be the grandson of the original grantee by name Maddurappa, has filed this writ petition challenging the order dated 23.5.2003 (Annexure B), passed by the Assistant Commissioner rejecting his claim for restoration of the land and the order dated 4.4.2007 (Annexure A), passed by the Appellate Authority namely, the Special Deputy Commissioner confirming the said order. Both the orders were passed under the provisions of the Karnataka Scheduled Castes and Scheduled Tillies (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for short).

(2.) I have heard the learned Counsel appearing for the parties and perused the impugned orders and also the certified copy of the Darkast Register relating to the grant made to the aforesaid Maddurappa which is produced as Annexure C along with the application in Misc. W. No. 5358/2010; this application was ordered to be considered at the time of final hearing as per the order of this Court dated 21.7.2010.

(3.) THE petitioner sought for restoration, of the aforesaid 30 guntas of land under the provisions of the Act Both the original and the Appellate Authorities have rejected the claim of the petitioner on the ground that the petitioner had failed to prove that it was a 'granted land'.