G. VIJAYALAKSHMI Vs. R. RAMACHANDRA RAO

JUDGEMENT

(1.) These intra Court appeals have been filed against a common order dtd. 18/10/2019 passed by the learned Single Judge by which orders passed by the Assistant Commissioner and the Deputy Commissioner have been set aside and the matter has been remitted to the Assistant Commissioner for a fresh consideration. Since all the appeals arise from a common order, they were heard together and are being decided by this common judgment.

(2.) For the facility of reference, facts of W.A.No.4059/2019 are being referred to. Land bearing Sy.No.106/P-110 measuring 4 acres situated at Teru-bedi Village, Maravalli Hobli, Kanakapura Taluk (hereinafter referred to as the 'schedule land', for short) was allotted to the father of the respondent No.5 on 16/5/1942. However, the schedule land was alienated on 7/12/1997. After a period of 10 years, an application seeking resumption of the land was filed under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act', for short) on the ground that the respondent No.5 belongs to 'beda' community which is a notified Scheduled Tribe. The Assistant Commissioner, by an order dtd. 16/6/2009, allowed the application preferred by the respondent No.5. The aforesaid order was affirmed in an appeal by the Deputy Commissioner by an order dtd. 1/12/2010.

(3.) The appellant, who had purchased the schedule land by a registered sale deed dtd. 17/9/2005, assailed the validity of the aforesaid orders in a writ petition. The learned Single Judge, by an interim order, referred the matter to the Caste Verification Committee who opined that the petitioner belongs to 'beda' community which is a notified Scheduled Tribe. The learned Single Judge, however by an order dtd. 18/10/2019, set aside the order passed by the Assistant Commissioner and the Deputy Commissioner and remitted the matter to the Assistant Commissioner for adjudication afresh. In the aforesaid factual background, these appeals have been filed.