KAMALAMMA W/O JOGAIAH Vs. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT. REVENUE DEPARTMENT, THE DEPUTY COMMISSIONER AND CHALLAKEREIAH SINCE DECEASED BY HIS LRS (SHANTHA KUMAR AND KRISHNA MURTHY BOTH S/O CHALLAKEREIAH)

JUDGEMENT

(1.) WRIT Petitioner claims to be a person who has acquired interest to an extent of 5 acres of agricultural land in Sy No. 275 of Challakare, kasaba hobli and taluk, under sale transaction dated 27 -7 -1972 between the third Respondent, by his legal heirs, is before this Court in the third round of writ litigation, but the difference in the present round of writ litigation.

(2.) THE present writ petition is directed against an interim order passed by the Deputy Commissioner when the appeal filed under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], at the instance of the very Petitioner is still pending before the Deputy Commissioner and on this occasion in terms of the remand order dated 9 -11 -2006 passed by this Court in WP No. 3679 of 2006 [second round of writ litigation]. The first round was through WP No. 36894 of 2001 and in both the earlier rounds Petitioner successfully questioned the legality of the orders passed by the Assistant Commissioner and the Deputy Commissioner, invalidating the sale transaction and directing restoration of the land in favour of grantee or his legal heir.

(3.) SUBMISSION is that the Petitioner is in possession and cultivation of the subject land and an order of this nature could not have been granted and that too without opportunity to the Petitioner and the Deputy Commissioner having not found time to pass final orders, could not have resorted to this short cut method of granting interim order in favour of third Respondent etc.