Rangaiah vs State of Karnataka and Others

I have just now disposed of the main matter in W.P. No. 13281 of 1986 wherein I have upheld the conclusions of the authorities below based upon the common facts in both the petitions.

In this petition, the only grievance of the petitioner is that the Assistant Commissioner failed to restore the land in his favour only on the ground that he (petitioner) alienated the land in favour of respondent-5 herein by way of security for the loan borrowed. In other words, his grievance is against the conclusion of the Assistant Commissioner that he was not entitled for restoration and the land would vest in the Government.

I perused the order of the Assistant Commissioner. He was not right in holding that the grantee was not entitled for restoration as he offered the granted land as security for the amount borrowed by him. This would be against the provisions of Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (''the Act'' for short). Unfortunately, this aspect was also not noticed by the Deputy Commissioner in appeal. Accepting the plea put forward by the petitioner, I must hold that the observations of the Assistant Commissioner against the petitioner herein as to the restoration of the granted land cannot be sustained. To that extent, the order of the authorities below require modification.

Hence, I make the following:

ORDER

This petition is allowed. The impugned orders, Annexures-A and B, in so far as they relate to conclusion that the grantee was not entitled to restoration of the granted land, are quashed. The rest of the orders remains unaltered. The Assistant Commissioner is hereby directed to put the petitioner Rangaiah Bin Channaiah, grantee of the land in question, in possession thereof. Ordered accordingly.

Sri Thimmegowda, learned High Court Government Pleader, is permitted to file his memo of appearance for respondents-1 to 3 in two weeks.