N. SAJJARAYADU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 11.01.2007 Annexure J and the order dated 26.06.2004 ­ Annexure K.

(2.) PETITIONERS contend that they are the purchasers of sites formed in survey Nos. 360 and 361 of Challakere town. Respondent No. 3 - Assistant Commissioner initiated proceedings against the petitioners and others under the provisions of the Karnataka Scheduled Caste Scheduled Tribes (Prevention of Transfer of Certain Lands) Act, (for short 'the Act') stating that in violation of conditions of grant and the provisions of the Act the petitioners and their vendors have purchased the lands in question. After holding an enquiry respondent No. 3 - Assistant Commissioner passed an order declaring the sales in favour of petitioners and their vendors as illegal, directed to resume the lands and to restore the same to the legal representatives of the original grantee. Aggrieved by this order of respondent No. 3 petitioners and others filed appeals before respondent No. 2 Deputy Commissioner and the same came to be dismissed by confirming the order of respondent No. 3. Aggrieved by these orders of respondent Nos. 2 and 3 the petitioners and others approached this Court in W.P. Nos. 37061-37062/2002 and connected matters. Learned Single Judge of this Court vide order dated 08.01.2004 dismissed the writ petitions with certain observations and directions. The operative portion reads as under:

(3.) IT is seen from the record that some of the purchasers of sites in the lands in question approached this Court in W.P. No. 295/2005 questioning the order passed by respondent No. 3 Assistant Commissioner on 26.06.2004 determining the market value of the sites. Learned Single Judge of this Court vide order dated 27.07.2006 dismissed the writ petitions with certain observations. Aggrieved by this order of the learned Single Judge 4 petitioners therein filed an appeal in W.A. No. 1734/2006. During the pendency of the proceedings before the Division Bench a joint memo was filed. In terms of the joint memo the Division Bench disposed the appeal vide order dated 30.07.2007 and the relevant portion for the purpose of this case reads as under: