Necessary findings must be recorded before declaring a land sale as void under the Mysore Land Revenue Rules.

( 1 ) AT the stage of preliminary hearing respondents are served. Respondents 1 to 3 are represented by Sri s. r. nayak, learned government advocate, who has also secured the records of the case. Respondent-4 died during the pendency of the appeal, and his l. rs. Have been brought on record and they have also been served with the notice. However, neither they are present nor represented through a counsel. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.

( 2 ) THIS appeal is preferred against the order passed in W. P. no. 527 of 1987,dated 17-7-1990 by the learned single judge. Writ petition has been dismissed. Therefore, the petitioner has come up in appeal.

( 3 ) IN the writ petition, the petitioner sought for quashing the order dated 27-4-1983passed by the assistant commissioner, shimoga sub-division, shimoga, in no. Rrc. Kr. 315 of 1982-83, and the order dated 5-12-1986 passed by the special deputy commissioner, shimoga district, shimoga in no. Sc. St. 26 of 1984-85. The assistant commissioner has declared the transaction of sale dated 30-7-1966 effected by the grantee of the land in favour of the appellant, as void. This order is confirmed by the special deputy commissioner.

( 4 ) THE facts necessary for the purpose of deciding the question as to whether theorders passed by the assistant commissioner, the special deputy commissioner and also by the learned single judge are valid in law are as follows: the land bearing sy. No. 145/3 of hanumanthapura village, bhadravathi taluk, was granted on 23-6-1956 to one hanumanthappa, s/o hanumanthappa, of bhadravatbi taluk, under the provisions of the mysore land revenue Rules (hereinafter referred to as 'the rules' ). The grantee sold the land on 30-7-1966 to the appellant. After the coming into force of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1984, the grantee made an application before the assistant commissioner for declaring that the sale was void because it was effected within the period of prohibition for alienation as contained in the rules. The appellant appeared before the assistant commissioner and filed his statement. However, in the statement, the appellant did not raise objections that the grant was not made in favour of the person belonging to scheduled castes or scheduled tribes and that the grant was on upset price and not on free of cost. The assistant commissioner also did not go into these questions.

( 5 ) AS already pointed out, the sale is declared as void in law, by the order dated 27-4-1983. In the appeal also, the special deputy commissioner has affirmed the order of the assistant commissioner. The learned single judge has dismissed the writ petition on the ground that there is no substance in the contention of the grantee that the order declaring the transaction as void, was invalid in law, and that the contention of the appellant that no sufficient opportunity was afforded to him, was also not correct. Before us, it is contended by Sri rudre gowda, learned counsel for the appellant, that whether the appellant had contested the proceeding or raised an objection or not it was All the more necessary for the assistant commissioner, while declaring the transaction as void, to record a finding as to whether the transaction of sale had taken place within the period prescribed by the Rules prohibiting the alienation of the land in question, and for that purpose the assistant commissioner was also required to decide whether the grant was on an upset price or on free of cost. If it were to be held that the grant was on an upset price, the period of prohibition was 10 years from the date of grant, and if it were to be held that the grant was a free grant, the period of prohibition was 15 years as per sub-rule (8) (a) of rule 43 of the mysore land revenue Rules as amended by the notification dated 6-7-1955 published in the mysore gazette on 14th july 1955.

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