T K LAKSHMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is a purchaser of certain extent of agricultural land in terms of the sale deed dated 6. 4. 1964 which had been granted in favour of the predecessor of the 4threspondent in terms of the grant order dt. 15. 5. 1957.

(2.) IN respect of the sale transaction in question, son of the original grantee claiming as legal representative of the grantee had initiated proceedings under the provisions of the Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978 (in short the Act) claiming that the land in question had been granted in favour of the persons belonged to Scheduled Caste and it had been sold in violation of the terms of the grant and as such provisions of the Act are attracted, that the sale transaction in question has to be declared as invalid and the land be resumed in favour of person claiming under the original grantee.

(3.) IT is not in dispute that the application filed by the 4threspondent came to be allowed by the Assistant commissioner and the appeal carried against the order of the Assistant Commissioner was also dismissed by the Deputy Commissioner confirming the order of the Assistant Commissioner. The matter had been carried before this court by filing writ petition W. P. No. 28147/1995, which came to be dismissed on 10. 1. 1997 (Annexure D ). It appears that the matter had been carried to the Division Bench of this Court by preferring writ appeal which was also dismissed,. It appears that dissatisfied with the orders of this court, the matter had been carried to the Supreme court by seeking Special Leave Petition which came to be rejected by the Supreme Court. Thus, the first round of litigation was completed and petitioners are now before this court on different cause of action.