CHIKKA HUCHAIAH v. ASSISTANT COMMISSIONER, BANGALORE SUB-DIVISION, BANGALORE
1994-08-09
M.M.MIRDHE
body1994
DigiLaw.ai
M. M. MIRDHE, J. ( 1 ) THESE writ petitions are filed to quash the endorsement Annexure-C issued by the Assistant Commissioner refusing permission to the petitioners to alienate the lands In question. ( 2 ) I have heard the learned counsel for the petitioners. The learned Government pleader has remained absent. ( 3 ) IT is not disputed that the lands are regranted to the petitioners under Section 5 (1) of the Karnataka Village Offices abolition Act, 1961. Section 5 (3) of the said Act lays down that the land shall not be alienated for a period of 15 years from the date of commencement of Section 5 (1) of the Village Offices abolition Act, 1961. The Karnataka Village Offices Abolition (Amendment) Ordinance, 1978 came into force on 7-8-1978. 15 years period will complete on 7-8-1993. The bar is only from the date of commencement of the Act and not from the date of the re-grant. The Tahsildar was wrong in incorporating such a condition in the regrant order. This position of law is re-enforced from the ruling of this Court in the case of Syed Bhasheer ahamed and Others v State of Karnataka, wherein it has been held that there was an absolute bar for 15 years and again from 7-8-1993 there is no bar. Hence, I proceed to pass the following: order the petition is allowed and the endorsement issued by the tahsildar challenged in these writ petitions is quashed holding that the bar against alienation is applicable upto 7-8-1993. --- *** --- .