H M SRINIVAS Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Additional Government Advocate for the respondents. In this writ petition, the petitioner is seeking for a direction to respondent No.1 - Assistant Commissioner to consider his application dated 11.07.2012 (Annexure-C). Learned Counsel for the petitioner submits that the aforesaid application is given to the Assistant Commissioner for restoration of the land to the petitioner by invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act'). He further submits that the petitioner does not'be-long to any of the Scheduled Castes or the Scheduled Tribes. If that be so, the provisions of the Act cannot be invoked for restoration of the land granted to him by the Government. The provisions of the Act could be invoked only in respect of 'granted land' as defined under Section 3(l)(b) of the Act. The land in question being not a granted land, the application of the petitioner at Annexure-C is not tenable in law. The writ petition is accordingly dismissed.