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Judgment
A.N. Venugopala Gowda, J.—Land bearing Sy. No. 132 (new No. 174) measuring 4 acres situated at Halasur Village, Lakkavalli Hobli, Tarikere Taluk, Chikmagalur District was granted under the Mysore Land Grant Rules, on 07.10.1965, to one Ramaswamy. The grantee is no more. One Perumal, claiming to be the son of said Ramaswamy filed an application for resumption before the 2nd respondent alleging that the sale of the property in favour of one Thimmegowda, the predecessor of the petitioner is null and void and hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act). The 2nd respondent passed an order dated 27.05.2004 and held that there is violation of the provisions of the Act by the grantee in the matter of alienation of the said property in favour of Thimmegowda and directed the resumption and restoration of the granted land. An appeal preferred there against having been dismissed, this writ petition has been filed by the legal representatives of the purchaser-Thimmegowda. The 8th respondent claiming to be the legal representative of the grantee-Ramaswamy, filed an application to permit him to come on record as an additional respondent. The said application having been allowed on 23.11.2010, Guruswamy has been impleaded as the 8th respondent.
Heard Sri K.G. Sadashivaiah, learned advocate for the petitioners, Sri Amaresh A. Angadi, learned advocate for 6th and 8th respondents and Sri P.V. Ravindranath, learned Addl. Government Advocate for respondents 1, 2 & 7 and perused the writ record.
There is no dispute that the land in question was granted in favour of Ramaswamy on 07.10.1965 and that the land in question was sold in favour of Thimmegowda, the predecessor of the petitioners herein, by one Guruswamy on 17.01.1985. Whether it is the 8th respondent who executed the sale deed in favour of Thimmegowda or not is a disputed question. Perumal having not sold the property and having not produced any credible material with regard to he being son of Ramaswamy, the fact finding authority i.e., the 2nd respondent has to find out whether Mr. Perumal and Mr. Guruswamy are the children of the grantee-Ramaswamy and whether Ramaswamy belonged to Scheduled Caste/ Scheduled Tribe community since Sri Amaresh Angadi submits that Ramaswamy belonged to Bhovi community which has been classified as a Scheduled Tribe. Sri K.G. Sadashivaiah submits that as on the date of grant, Sri Ramaswamy was not a resident of Karnataka State, but was a resident of Tamilnadu, wherein Bhovi community has not been classified as an SC/ST community.
Since respondents 1 and 2 have not adverted to the material aspects of the case and have not recorded finding on the issues i.e., whether the grantee-Ramaswamy belongs to SC/ST community and whether the claimants i.e., Perumal and Guruswamy are the legal representatives of the grantee-Ramaswamy, the impugned orders being vitiated are unsustainable.
In the result, writ petition is allowed and the impugned orders are quashed. The matter is remanded to the 2nd respondent to record findings on the said issues by giving reasonable opportunity of hearing to both parties and decide the case with expedition and at any event, within a period of six months from the date of appearance of the parties.
Both the parties are directed to appear before the 2nd respondent on 22.06.2013 at 3.00 p.m. and receive further orders.
Contentions of both parties are left open for consideration and decision by the fact finding authorities.
No costs.