Smt. B.S. Leelavathi Vs. State of Karnataka and ors. - Court Judgment

Excerpt:
.....or scheduled tribe - petitioner purchaser of granted land contended before assistant commissioner that the original grantee did not belong to either scheduled caste or scheduled tribe on the date of grant - assistant commissioner after noticing the caste certificate declined to record finding that conveyance was hit by section 4 in appeal deputy commissioner reversed the finding, but did not make reference to the application for grant of land - aggrieved filed writ petition challenging the order of deputy commissioner held, orders of the deputy commissioner suffers from an error apparent on the fact of record for non-consideration of relevant material. order of deputy commissioner was set aside and matter remitted back.....and disposed of by this order.2. the short question that arises for decision-making is whether the deputy commissioner, in the appeal preferred by the petitioner under section 5-a of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short, the act'), was justified in eschewing the material document marked as page nos. 116 and 154 in the darkast file, maintained by the tahsildar, north taluk, an enclosure to the application dated 2-1-1969 of t. mariyappa for grant of land as a political sufferer, being the copy of the caste certificate dated 7-8-1968 issued by the district social welfare officer, bangalore urban certifying that the grantee belongs to bunda-besta community included in the nomadic and semi-nomadic tribe3. the.....

Judgment:
ORDER

Ram Mohan Reddy, J.

1. This writ petition though posted for orders on an application to produce documents, with the consent of the learned Counsel for the parties, is finally heard and disposed of by this order.

2. The short question that arises for decision-making is whether the Deputy Commissioner, in the appeal preferred by the petitioner under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act'), was justified in eschewing the material document marked as page Nos. 116 and 154 in the Darkast file, maintained by the Tahsildar, North Taluk, an enclosure to the application dated 2-1-1969 of T. Mariyappa for grant of land as a political sufferer, being the copy of the Caste Certificate dated 7-8-1968 issued by the District Social Welfare Officer, Bangalore Urban certifying that the grantee belongs to Bunda-Besta Community included in the Nomadic and semi-nomadic tribe

3. The learned Government Counsel, having produced the grant file maintained by the Tahsildar, it is evident that the application for grant of land as a political sufferer was accompanied by copies of:

(a) A copy of the certificate issued by the Jail Superintendent that the applicant was imprisoned while seeking to install a lawful Government in Mysore State.

(b) A copy of the certificate of the President of the Congress Working Committee.

(c) A copy of the certificate of the Social Welfare Department certifying that the applicant belongs to Bunda-Besta, a semi-nomadic tribe.

4. The case of the petitioner-purchaser of the granted land from the 4th respondent, who had purchased the said land from the grantee-deceased father of the 3rd respondent, was that the grantee did not belong to either a Scheduled Caste or a Scheduled Tribe, on the date of grant, having been certified to belong to Bunda-Besta Community in the certificate appended to the application for grant of land.

5. The Assistant Commissioner, having specifically noticed the certificate, declined to record a finding that the conveyance was hit by Section 4 of the Act, by order dated 17-4-2007 Annexure-G. However, the Deputy Commissioner, -in appeal preferred by the 3rd respondent, reversed the said finding without reference to certificate appended to the application for grant of land, found in the records maintained by the Revenue Department. The order dated 10-6-2009 Annexure-H impugned of the Deputy Commissioner suffers from an error apparent on the face of the record, for non-consideration of relevant material.

In the result, this writ petition is allowed. The order dated 10-6-2009 Annexure-H of the Special Deputy Commissioner is quashed and the proceeding remitted for consideration afresh, after extending reasonable opportunity of hearing to the parties concerned and to pass orders, strictly in accordance with law, and in the light of the observations supra.

Misc. W. No. 7901 of 2009 filed for production of documents being unnecessary, stands rejected.