Feeling aggrieved by the companycurrent orders of the Assistant Commissioner as well as the appellate authority, a writ petition was filed before the High Court of Karnataka at Bangalore, which was dismissed by a learned Judge of the High Court and against that order of the learned Single Judge, a writ appeal was filed, which was also dismissed.
An appeal was carried against the aforesaid order before the appellate authority which was also dismissed, inter alia, on the finding that the title of the scheduled land companyld number pass under the registered sale deed dated 13th of October, 1986 as, admittedly, the same was executed and registered after the companying into force of the act and therefore, in view of Section 4 2 of the Act, the sale made without obtaining prior permission of the Government was found to be null and void.
Under this agreement for sale, the vendors, namely, the legal heirs of the original grantee had agreed to sell the scheduled land to the father of the appellant.
Feeling aggrieved, this special leave petition was filed in respect of which leave has already been granted.
On 10th of September, 1970, the abovementioned period of 15 years during which the land companyld number be alienated as per the companyditions of the certificate of grant had expired.
After the expiry of the aforesaid period of 15 years, more precisely on 6th of July, 1976, an agreement to sell was executed by the legal heirs of the original grantee who, in the meantime, had expired.
After the registration of the sale deed, the authority under the Act initiated a proceeding for resumption of the scheduled land as, according to the authorities, the sale was in violation of the provisions of the Act.
Subsequent to the agreement for sale and the companymencement of the Act, more precisely on 13th of October, 1986, a deed of sale was executed and registered by the vendors in respect of the scheduled land.
This is because the sale was effected after the companymencement of the Act without previous permission of the government.
No.365/1 New No.685 situated at Nayakanahatti Village, Challakera Taluk, District Chitradurga in the state of Karnataka herein after referred to as the scheduled land .
The certificate of grant was issued on 10th of September, 1955 in favour of one Shri Tejyanaika in which one of the companyditions stipulated was that the grantee shall number alienate the granted land for a period of 15 years.
An order was passed by the Assistant Commissioner who had the authority to direct resumption of the land holding that the sale having taken place on 13th of October, 1986, when the Act had already companye into force, the sale deed dated 13th of October, 1986 must be found to be null and void in view of the prohibition companytained in Section 4 of the Act.
CIVIL APPEAL NO.2802 OF 2001 TARUN CHATTERJEE, J. The subject matter of this appeal relates to the Government granted land measuring 2 acres 20 guntas in Sy.
