GANGANNA Vs. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE

JUDGEMENT

(1.) This writ petition is typical example of misuse and abuse of judicial review of administrative action under Article 227 of the Constitution of India.

(2.) The unwilling purchasers of land granted in favour of persons belonging to scheduled caste community leave no effort and no stone unturned in getting over adverse orders suffered by them either before the Assistant Commissioner in the first instance in an enquiry under Section 5 of the Karnataka Scheduled Caste & Scheduled Tribe [Prohibition of Transfer of Certain Lands] Act, 1978 [for short 'the Act'] or in further proceedings in an appeal under Section 5-A of the Act.

(3.) Writ jurisdiction has proved to be haven for purchasers, but it has proved to be hell for the poor grantees or legal heirs of the grantees who have been harassed, tormented and put to untold misery and ordeal to go through such legal proceedings which keeps going on unendingly and though the Act is a piece of socio welfare legislation ushered in by the legislature way back in the year 1979, benefits of the legislation is yet 1:0 reach the intended and if at all courts have played spoil sport in this in the name of judicial review of administrative action and the present writ petition is no exception.