(1.) Order dated 13-8-2012 passed by the Deputy Commissioner, Bangalore District in the appeal preferred by the 4th respondent herein under Section 5A of the Karnataka Scheduled Castes and Schedules Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act') is called in question in this writ petition. By the said order, the Deputy Commissioner has reversed the order passed by the Assistant Commissioner, Bangalore North Sub-division, Bangalore, and has held that the alienation of 3 acres of land comprised in Survey No. 50 situated at B.K. Palya Village, Jala Hobli, Bangalore North Taluk, was in violation of the provisions of the Act and was therefore null and void. The Deputy Commissioner ordered for resumption of the land to the Government and restoration of the same in favour of the original grantee/his legal heirs.
(2.) Petitioner before this Court is the purchaser of the land as per registered sale deed dated 30-5-1977 and 17-2-1979. It is unnecessary to go into the other details of the facts involved in this case, inasmuch as this matter deserves to be disposed of only on the short point that the very dispute regarding the resumption and restoration of the land was, on contest, disposed of by the previous orders passed by the Assistant Commissioner and Deputy Commissioner which have attained finality and despite the said order, fresh proceedings are sought to be now initiated by another legal representative of the grantee which is apparently impermissible. To this extent, the facts necessary are required to be stated.
(3.) Original grantee is one Thalawara Muniyappa alias Munishamappa. He died leaving behind his two children by name Muniyappa and Krishnappa. Krishnappa filed an application seeking resumption and restoration of the land before the Assistant Commissioner under the provisions of the Act. By order dated 19-2-1985, the Assistant Commissioner after holding an enquiry dismissed the application. This order was not "challenged in appeal. However, another application was moved before the Assistant Commissioner by the very same Krishnappa and the Assistant Commissioner by his order dated 15-5-1998 after holding an enquiry dismissed the application as per Annexure-N. This order was challenged by Krishnappa, the legal heir of the grantee by filing an appeal before the Deputy Commissioner, Bangalore. The Deputy Commissioner, dismissed the appeal vide his order dated 1-7-2002 produced at Annexure-P. This order has attained finality.