M. RAMAKRISHNA RAO, J.

( 1 ) IN this petition under articles 226 and 227 of the Constitution of India the petitioner has called in question the correctness and the legality of the order passed by the deputy commissioner, Annexure-C. He has sought for quashing the same on more than one ground. Before referring to the real question of law arising in this case it is better to refer to a few salient facts necessary to dispose of the writ petition. They are as follows: 4 acres of land in sy. No. 1336/6, situated in the village kengalapura, handanakere hobli, chikkanayakanahallitaluk, tumkur district, was granted by a competent authority in favour of mallanaika, (the petitioner herein) in proceedings No. Dep. Dcr. 61. 1951-52, dated 20th of june, 1952, under the erstwhile Mysore land grant rules, carved out of Mysore land revenue code (hereinafter referred to as the 'rules' ). The grant is subject to certain conditions including the condition incorporated in the grant that the grantee shall not alienate the granted land at any time to any person. The grantee was a person representing scheduled castes. It was free grant.

( 2 ) IT is an admitted fact that the granted land came to be sold in

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