AI Structured Summary
Not yet generated for this judgment
Judgment
This is an appeal against the judgment and order dated February 2, 2015, passed by the Hon''ble Single Judge, dismissing a writ petition.
One Muniyappa claims to be the grantee of the disputed land. Muniyappa sold the land to S.M.Nagaraju. S.M.Nagaraju sold the land to B.Ramesh and from B.Ramesh, the writ petitioner -respondent No.4 purchased the land.
Muniyappa applied for resumption of the land invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (''the said Act'' for short). Muniyappa is now dead. His estate is represented by his heir and legal representatives. Muniyappa contended that the sale by him to S.M.Nagaraju was non-est as no permission from the Government was obtained and is, also, hit by Section 3(1)(b) of the said Act.
Questions cropped up as to whether Muniyappa has been a member of the scheduled caste community and whether the land was sold after the lock-in period.
The Hon''ble Single Judge recorded a finding of fact that Muniyappa was a Christian and, therefore, he is not a member of the scheduled caste community. Moreover, there is a specific finding that the land was alienated after the lock-in period.
Therefore, there is no merit in the writ appeal. The writ appeal stands dismissed.
In view of the dismissal of the writ appeal, I.A.No.I of 2016 does not survive for consideration and is, also, dismissed.
We make no order as to costs.