LAKSHMI BAI W/O SAKRA NAIK Vs. THE DEPUTY COMMISSIONER OF SHIMOGA DC OFFICE BUILDING SAVALANGA MAIN ROAD OPP. MINI VIDHANA SOUDHA SHIMOGA CITY SHIMOGA DISTRICT, THE ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION DC OFFICE BUILDING SAVALANGA MAIN RO

JUDGEMENT

(1.) THIS Writ Petition by the purchaser's legal heir is directed against: the order dt. 16.9.2004 (Annexure -C) passed by the Deputy Commissioner, Shimoga district dismissing her Appeal filed Under Section 5 -A of the Karnataka Scheduled Castes and Scheduled. Tribes (Prohibition of Transfer of Certain lands) Act 1978 (the Act for short) in case No. SC. ST. 29/2000 -01 and also the order dt. 22.9.2000 (Annexure -B) passed by the Asst. Commissioner, Shimoga Sub -division Under Section 5 of the Act directing restitution of the land measuring 2 acres 38 guntas to respondent No. 3 and his mother (now deceased) who are the legal heirs of the original grantee - Hanumanthappa.

(2.) I have heard the Learned Counsel appearing for the parties and perused the aforesaid orders at Annexures -B and C.

(3.) THE only contention urged by the Learned Counsel for the petitioner is that the original grantee Hanumanthappa did not belong to any of the Scheduled Castes and therefore the Act is not applicable to the land in question.