APPAJAPPA AND ORS. Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Order dated 3-9-2012 passed by the Assistant Commissioner, Bangalore North Sub-Division ordering resumption of the land in question to the Government and restoration of the same to the original grantee or his legal representatives confirmed in appeal by the Deputy Commissioner, Bangalore District vide his order dated 30-9-2013 are called in question in this writ petition. Petitioners are the purchasers of land bearing Sy. Nos. 160/1 and 160/2 (Old Sy. No. 39) of Herendahalli Village, Bangalore East Taluk, totally measuring 2 acres 6 guntas. Respondent 5 moved the Assistant Commissioner contending inter alia that the land was granted in favour of one Yelliga and the same was sold by way of registered sale deed dated 24-8-1948 in favour of one Munishamappa who in turn sold it to one Yellappa vide registered sale deed dated 4-5-1964 and the petitioner purchased the said land on 22-7-1965. She urged that the sale transactions were entered in violation of the provisions contained under Section 4(1) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act').

(2.) Assistant Commissioner passed an order recording a finding that as per the copies of the extract of the saguvali chit register for the years 1927 to 1942, it was recorded that the land was granted on 23-4-1937 vide Sub-Divisional Officers Order No. A3.DD.11/36-37 in favour of Yelliga S/o. Hydrappa and saguvali chit had been issued on 10-6-1937. He further found that entries in this regard were reflected in IL and RR. Therefore, the Assistant Commissioner persuaded himself to hold that the grant of land by the Competent Authority had been made on 13-9-1937 and the land had been alienated for the first time during the year 1948 in favour of Munishamappa in violation of condition of grant and therefore, first sale itself was illegal.

(3.) Assistant Commissioner repelled the contention of the petitioners that in the absence of original records relating to grant of land, no such findings regarding grant of land in violation of the conditions of grant could be recorded. Assistant Commissioner has further found that during the relevant period, as per the Government order dated 12-9-1929 land granted in favour of depressed class persons could not have been sold for a period of 20 years, whereas the land had been sold within a period 12 years from the date of grant that was made in the year 1936-1937 and hence, there was violation of Section 4(1) of the Act. This order was called in question before the Deputy Commissioner.