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2011 Supreme(SC) 673

ANIL R.DAVE, MUKUNDAKAM SHARMA
G. Krishnareddy – Appellant
Versus
Sajjappa (D) By Lrs. – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J. —

1. This appeal is directed against the judgment and order dated 20.10.1998 passed by the Division Bench of the Karnataka High Court in Writ Appeal No. 3269 of 1998 dismissing the Writ Appeal filed by the appellant.

2. Brief facts leading to the filing of the case are that the disputed land was allotted through a grant by the State of Karnataka to one Smt. Munemma on 08.01.1957 with a condition prohibiting any alienation of the land for a period of 15 years. Gopalappa, late father of the appellant herein, purchased the said land from Smt. Munemma under a registered sale deed dated 20.12.1968.

3. In view of the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes [Prohibition of Transfer of Certain Lands] Act, 1978 [for short “the Prohibition of Transfer Act”] Smt. Munemma made an application under the said Prohibition of Transfer Act for the resumption of the land in question on the ground that it was purchased by Gopalappa, late father of the appellant, in violation of the prohibition clause of the grant. By passing an order dated 07.06.1984 Assistant Commissioner allowed the application filed by Smt. Munemma which was also
























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