1. Petitioners are calling in question the order dated 28.07.2014 passed by the Deputy Commissioner – respondent No.1 herein dismissing the appeal filed under Section 5A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the Act’) thereby confirming the order dated 10.06.2011 passed by the Assistant Commissioner, Shimoga Sub Division, Shimoga, directing resumption and restoration of land in favour of the grantee. Impugned orders are produced at Annexures E & F.

2. Lease in respect of land bearing Sy.No.39/20 measuring 2 acres situated at Balemaranahalli Village, Bhadravathi Taluk, Shimoga District was granted in favour of the husband of the 3rd respondent by name Thimmabhovi temporarily for a period of five years on 08.08.1959 by the revenue authorities. After expiry of said five years, the lease came to be confirmed on 21.12.1963 by issuing a permanent Grant Certificate.

3. Husband of the 3rd respondent sold this land in favour of one Thippaiah by executing a registered Sale Deed dated 16.01.1964. The said Thippaiah in turn sold the property in favour of the husband of the 1st petitioner by name Doddegowda under a registered Sale Deed dated 05.05.1966. On a report submitted by the Tahsildar, Shimoga, proceedings were initiated by the Assistant Commissioner under Section 4(i) of the Act.

4. It is not necessary to refer to the previous proceedings as the Assistant Commissioner has now passed an order at Annexure D after remand holding that the land was a granted land and the first alienation made in favour of Thippaiah was in violation of the Rules in existence regulating the grant. He has recorded a finding that the land was earlier granted on lease basis for a term of five years vide order dated 08.08.1959. Thereafter, in terms of the order dated 21.12.1963 right has been conferred by issuing permanent grant certificate in favour of the husband of the 3rd respondent by collecting a sum of Rs.200/and a Saguvali Chit was granted on 21.12.1963. He has further found that as per condition No.7 of the Saguvali Chit, the existing conditions for grant would be applicable to the said grant as well. Having regard to the conditions, particularly condition No.7 in the Saguvali Chit, he came to the conclusion that the sale made within a period of less than one month from the date of grant was hit by the existing conditions regarding non-alienation of the granted land and therefore, the alienation attracted provisions contained under Sections 4 & 5 of the Act. This order was challenged in appeal before the Deputy Commissioner. The Deputy Commissioner has confirmed the same. In this background, the present writ petition is filed.

5. Sri S.V.Prakash, learned counsel for the petitioner strongly contends that the grant was made under Rule 43J of the Mysore Land Revenue (Amendment) Rules, 1960 (for short, ‘the Rules’). It was an absolute grant without containing any restriction, let alone imposing restriction for non-alienation for any duration and therefore, it cannot be said that there was violation of the provisions of the Act. His next contention is that the grant made by collecting a sum of Rs.200/did reflect the market value and therefore, unless a finding was recorded holding that the land was sold free of costs or at a reduced cost, conclusion reached by the authorities cannot be sustained in law. It is also contended by him that no enquiry was conducted by the Assistant Commissioner by providing an opportunity to lead evidence and therefore, on that ground alone, the impugned orders are liable to be set aside. He has lastly contended that petitioner had perfected his title by adverse possession by being in possession continuously for a period of more than 12 years because petitioner and his vendor enjoyed the property thereby perfecting title by adverse possession.

6. In support of the contention that for grants made under Rule 43J of the Rules condition of nona