THAMMANNEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this writ appeal the appellant has challenged the order dated 26th march, 1992 passed by the learned single judge in writ petition no. 17213/1978. Before the learned single judge the appellant who was the petitioner had challenged the order dated 2-11-1987 passed by the deputy commissioner, shimoga district, in case no. Sc.st. 125/84-85 who dismissed the appeal preferred by the instant petitioner against the order passed by the assistant commissioner in no. Hrc.k.r. 321/79-80, dated 27-6-1980.

(2.) before the assistant commissioner the instant respondent no. 4 (since deceased by l. Rs.) Had challenged the sale executed on 2-11-1966 on the ground that the same is hit by the mischief of section 4 of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 (hereinafter referred to as 'the act').

(3.) the learned assistant commissioner by his order took the view that the transaction took place on 2-11-1966 was within the non-alienation period and as such hit by the mischief of section 4 of the Act, with the result he declared the sale as void ab initio. That order was appealed against before the deputy commissioner who also by his order confirmed the same and that was challenged in the writ petition referred to above.