Karnataka High Court
Dadasaheb S/O Mahebubsab vs The State Of Karnataka on 11 August, 2014
Bench: Ram Mohan Reddy, B.Manohar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2014
PRESENT
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
AND
THE HON'BLE MR.JUSTICE B.MANOHAR
W.A. NO. 100353/2014 (SCST)
BETWEEN:
1. DADASAHEB S/O MEHABOOBSAB,
AGED ABOUT 44 YEARS,
OCC.:AGRICULTURE, R/O BENAKALLU,
TQ.: HAGARIBOMMANAHALLI,
DIST.: BELLARY.
2. AHAMEDSAB S/O MEHABOOBSAB,
AGED ABOUT 44 YEARS,
OCC.:AGRICULTURE, R/O BENAKALLU,
TQ.: HAGARIBOMMANAHALLI,
DIST.: BELLARY.
- APPELLANTS
(BY SRI. P.K. SANNINGAMMANAVAR, ADVOCATE
FOR M/S S.R. HEGDE ASSOCIATES)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY (REVENUE),
M.S. BUILDING, BANGALORE.
2. THE DEPUTY COMMISSIONER,
BELLARY.
3. THE ASSISTANT COMMISSIONER,
2
HOSPET, DIST.: BELLARY.
4. THE TAHASILDAR,
HAGARIBOMMANAHALLI,
DIST.: BELLARY.
5. T. KOTRAPPA S/O LATE MUGANABASAPPA,
R/O BENAKALLU, TQ.: HAGARIBOMMANAHALLI,
DIST.: BELLARY.
- RESPONDENTS
(BY SRI C.S. PATIL, GOVERNMENT ADVOCATE FOR R1 TO R4,
SRI MAHESH WODEYAR, ADVOCATE FOR R5.)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.
64907/2010 DATED 16.12.2013 AND TO ALLOW THE WRIT
PETITION.
THIS APPEAL COMING FOR PRELIMINARY HEARING ON
THIS DAY, RAM MOHAN REDDY.J., DELIVERED THE FOLLOWING:
JUDGMENT
1. Accepting the cause shown, the delay of 47 days in filing the appeal is condoned. I.A. No. 2/2014 is allowed.
2. This intra Court appeal is filed by the petitioners in W.P. No. 64907/2010 calling in question the order dated 16.12.2013 dismissing the petition.
3. Heard learned counsel for the parties, perused the pleadings and examined the order impugned. 3
4. Indisputedly though the land measuring 2 acres 1 gunta out of 4 acres 72 guntas was subject matter of a grant of the year 1971 laced with a condition of non alienation for a period of 15 years, was however subject matter of conveyance on 02.08.1999 in favour of the appellants' father. The Assistant Commissioner recorded findings that the grantee belonged to the depressed class and the land was granted under the Land Grant Rules then existing in the year 1971 laced with the condition of non alienation for a period of 15 years. The authorities also recorded a finding that no permission was accorded by the Government for the sale of the said lands in favour of the appellant's father during the year 1999 after the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, for short 'Act', came into force with effect from 01.01.1979. In the light of the admitted facts, the authorities below recorded a conclusion that the transfer of the lands in 4 question was in violation of Sub Section 2 of Section 4 of the Act.
5. The learned Single Judge having noticed the factual position and the application of sub Section 2 of Section 4 of the Act, to the said facts, concurred with the reasons, findings and conclusions of the authorities below to dispose of the petition by the order impugned.
6. In our opinion, no exception can be taken to the reasons, findings and conclusions of the authorities below as well as the learned Single Judge in the order impugned. Appeal devoid of merit is dismissed.
I.A. No. 1/2014 for dispensation is unnecessary and is accordingly dismissed.
SD/-
JUDGE SD/-
JUDGE bvv