P. VISHWANATHA SHETTY, J.

( 1 ) THIS petition is directed against the Order dated 16-9-1991, the copy of which has been produced as annexure-d, passed by the second respondent confirming the Order dated 22-7-1989, the copy of which has been produced as annexure-c, passed by the third respondent declaring the sale of land measuring 3 acres 14 guntas in survey No. 11 of gummareddypura village, srinivasapura taluk, kolar district, made by one gopalappa in favour of the petitioner as null and void and further directing the petitioner to hand over possession of the said land to the said gopalappa (deceased 4th respondent ).

( 2 ) THE brief facts, which are relevant for the purpose of disposal of this petition, are these: land, measuring 2 acres in survey No. 11 of gummareddypura village, srinivasapura taluk, kolar district, was granted to the deceased 4th respondent one gopalappa, by means-of Order dated 21-9-1954 with a condition that the said land should not be alienated by the grantee for a period of 20 years from the date of the grant. Sub-rule (8) of rule 43 of the mysore land revenue code, 1888 and rules framed thereunder (hereinafter referred to as "the rules"), which was framed by the state in exercise of its power under Section 233 of the land revenue code, also prohibited the alienation of the land granted to the depressed class of persons for an upset price or reduced upset price for a period of 20 years from the date of the grant. Pursuant to the grant made in favour of the said gopalappa, saguvali chit dated 11th september 1954 also was issued to the said gopalappa putting him in possession of the said 2 acres of land. Saguvali chit specifically provided that the land granted should not be alienated for a period of 20 years. Thereafter, on the recommendation made by the divisional commissioner, bangalore division, another extent of land measuring 1 acre 14 guntas comprised in survey No. 11 of gummareddypura village, was granted to the said gopalappa at an upset price of Rs. 50/- per acre subject to recovery of back assessment from the year of the original grant made in favour of the said gopalappa by the government in exercise of the power vested in rule 43, by means of the Order dated 24-6-1966, the copy of which has been produced as annexure-b. Since the major dispute in this petition revolves round the said 1 acre 14 guntas of land, which has been granted as per annexure-b, it is useful to extract the said Order, which reads thus:subsequently, by means of a registered sale deed dated 26-3-1967, the petitioner purchased the entire extent of 3 acres 14 guntas of land in the said survey No. 11, which comprised of 2 acres of land originally granted to the deceased 4th respondent-gopalappa by means of the grant Order dated 21-9-1954 and the subsequent grant Order dated 24-6-1966. On the application filed by the deceased 4th respondent, under Section 5 (1) of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978, the third respondent passed the Order at annexure-c, which came to be affirmed by the second respondent in the appeal filed by the petitioner.

( 3 ) SRI b. t. parthasarathy, learned counsel appearing for the petitioner, fairly submitted that though the petitioner has challenged the orders to the entire extent of 3 acres 14 guntas, which was purchased by the petitioner by means of a registered sale deed dated 26-3-1967, having regard to the facts and circumstances of the case and with a view to give a quietus to the litigation, the petitioner would give up his challenge to the extent of 2 acres, which was granted to the said gopalappa by means of the Order dated 21-9-1954 and he has no objection for this court confirming the orders impugned in so far as they relate to 2 acres of land in survey No. 11. However, in so far as 1 acre 14 guntas of land which was granted to the said gopalappa subsequently is concerned; he submitted that the orders impugned are without ju

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