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Judgment
A.N. Venugopala Gowda, J.—Petitioner, a grantee of 3 acres of Government land in Sy. No. 14, new No. 264 of Jadigenahalli, Hosakote Taluk, made an application dated 23.02.2010 to accord permission for sale of the granted land in order to purchase another land. Respondent Nos. 2, 3 and 4 having processed the said application, when submitted to the 1st respondent, the Government has granted permission under S. 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, by imposing certain conditions. The petitioner having been notified of the decision of the Government on 30.10.2012, vide at Annexure-H, this writ petition has been filed to quash the condition of ''production of the registered sale deed for having purchased an alternative land'' and to quash the notice issued by the 2nd respondent as at Annexure-H and to direct the respondents to accord permission to the petitioner to alienate the granted land by receiving agreement of sale as at Annexure-G, entered into by the petitioner for the purchase of an alternate land. Sri. G. Chandrashekharaiah, learned advocate contended that the condition imposed by the 2nd respondent i.e., production of registered sale deed for having purchased an alternate land as precondition for according of permission to alienate the granted land is arbitrary and illegal. He submitted that an unreasonable condition has been imposed in Annexure-J and hence, interference in the matter is warranted.
Sri. M.G. Anjanamurthy, learned HGGP on the other hand submitted that the 1st respondent has imposed the conditions as at Annexure-J to safeguard the interest of the petitioner.
Considering the application dated 23.02.2010 submitted by the petitioner as at Annexure-B and the record submitted by the respondent Nos. 2 to 4 vide Annexures-D, E and F, the 1st respondent has granted the permission for sale of the granted land by the petitioner. The challenge in this writ petition is to condition No. 3, which reads as follows:-
Petitioner has entered into an agreement of sale dated 24.05.2012 for purchase of 1 acre of land in Sy. No. 264 of Jadigenahalli Village and Hobli, Hosakote Taluk, vide Annexure-G. The impugned condition is one passed without application of mind and acting mechanically. Petitioner has no means to buy an alternate property. Petitioner has proposed to sell the granted land and out of the sale proceeds is intending to buy an alternate property for Rs. 24,00,000/- and has paid advance amount of Rs. 10,000/- If the petitioner had the funds to purchase the property in terms of the agreement as at Annexure-G, he would not have sought permission of the 1st respondent to sell the granted land. The 1st respondent without examining the record of the case in the correct perspective, mechanically has imposed the condition noticed supra.
In the result, the writ petition is allowed in part. The 1st respondent is directed to re-examine the claim of the petitioner keeping in view the recommendation made by the respondent Nos. 2 to 4 vide Annexures-D, E and F and also the agreement of sale entered into by the petitioner dated 24.05.2012 to purchase an alternate land, vide Annexure-G. The decision be taken expeditiously and within a period of two months from the date of receipt of copy of this order and made known to the petitioner.
No costs.