R CHANDEVARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. The facts in the Appeal No. 8507 of 1995 arising out of Special Leave Petition (C) No. 11571 of 1989 are sufficient to dispose of all these appeals by a common judgment, since common question of law arises for decision.

(3.) The appellant's predecessor-in-title, Dasana Rangaiah Bin Dasaiah was granted on 16/11/1951 an extent of two acres of land in government vacant land bearing Survey No. 6 of Beekanahalli Village, Chikmangalurtaluk and District. The appellant claimed to have purchased the property from the sons and widow of the assignee on 16/10/1968. On a representation made by one of the sons on 27/2/1987 to the Assistant Commissioner contending that the alienation was in violation of Scheduled Castes and Scheduled Tribes Prohibition of Transfer of Certain Lands Act, 1978, the sale was set aside as violative of the Revenue Code, Rule 43 (5. The appellant carried the matter in appeal. The appellate authority by its order dated 17/11/1987 confirmed the same under Rule 43 (5 of the Revenue Code. In the writ petition and writ appeal, it was confirmed. Thus the appeal against the order of the division bench dated 23/6/1989 made in WA No. 950 of 1989 by the High court of Karnataka at Bangalore.