( 1 ) THIS writ petition is filed by the petitioner challenging the order dated 25. 7. 1996 passed by the respondent Assistant Commissioner in case LRM. AP. CR 95/95-96.

( 2 ) THE brief facts leading to this case are that the land bearing survey No. 98/a measuring 1 acre 17 guntas 8 annas of Hanehalli village, Kumta taluk was granted by Land Tribunal to one Devu Honnappa Gowda and the occupany rights was issued to him on 25. 5. 1981 as per Annexure-A. The petitioner herein was looking after Devu Honnappa Gowda therefore he made a registered will bequeathing some portion, i. e. , 82 ft x 66 ft. , of the said survey number in favour of the petitioner under a registered will dated 9. 4. 1985. Thereafter, pursuant to the said will the petitioner's name was incorporated in the record of rights. But respondent-Asst. Commissioner issued notice to the petitioner as well as Devu Honnappa Gowda under Section 61 of the Karnataka Land Reforms Act stating that the Devu Honnappa Gowda has violated Section 61 of the Act by transferring a portion of the land in favour of the petitioner. To this the petitioner has given reply. Thereafter by order dated 25. 7. 1996 the respondent herein has passed order for vesting of the land granted to Devu Honnappa Gowda. Therefore the petitioner has challenged the said order in this writ petition.

( 3 ) HEARD Learned Counsel for the petitioner and the learned High Court Govt. Pleader for the respondent.

( 4 ) IT is contended by the Learned Counsel for the petitioner that after issue of form No. 10 in the year 1981 in favour Devu Honnappa Gowda he executed a registered will bequeathing 5 guntas of land in favour of the petitioner and accordingly mutation was effected by the concerned revenue authorities but the Asst. Commissioner has initiated proceedings under Section 61 of the Karnataka Land Reforms Act that there is violation of Section 61 of the Act in transferring the land by way of sale in favour of the petitioner by Devu Honnappa Gowda, which is not correct. It is contended that Devu Honnappa Gowda has not sold the land to the petitioner, in fact the petitioner was looking after Devu Honnappa Gowda therefore out of love and affection he has executed a registered will bequeathing 5 guntas of land, therefore there is no contravention or violation of Section 61 of the Act. It is further contended Section 61 (3) of the Act has provided to the beneficiary of the land to bequeath the entire land or a portion of the land in favour of any third party. Therefore, the impugned order passed by the Asst. Commissioner is illegal and violative of Section 61 (3) of the Karnataka Land Reforms Act.

( 5 ) IN support of his contention the Learned Counsel for the petitioner has relied on a decision reported in the case of Koragappa Gowda Vs Jinnappa Gowda and Other (ILR 1998 Kar 436) wherein this Court held that:"careful perusal of the language used in Section 61 of the Karnataka Land Reforms Act, 1961 discloses that the Legislature has guardedly omitted transfer by will viz. , by bequeath. Therefore, it cannot be said that the provision is not clear and unambiguous. In other words, the language is very clear and unambiguous. There is no prohibition transfer of land, occupancy of which has been granted to a tenant by will. Therefore, bequest of land under the will does not amount to transfer. "in another decision reported in the case of Smt. Sumathi and Another Vs Vittala Kanchan (ILR 2004 Kar 131) this Court held that: bequeath by way of Will in favour of family members is not prohibited under Section 61 (1) of the K. L. R. Act, 1961.

( 6 ) ON the other hand the learned High Court Govt. Pleader submits that the petitioner is stranger to the beneficiary of the tenanted land who got the land under the Karnataka Land Reforms Act and will amount to transfer of a piece of land to a third party within a period of 15 years from the date of grant and therefore, the respondent Asst. Commissioner has rightly pas