SRINIVAS AND SRI NEELKANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LEARNED Additional Government Advocate is directed to take notice for respondents 1 to 3.

(2.) HEARD the learned counsel for the petitioners and the learned Additional Government Advocate.

(3.) BOTH the Authorities have found that petitioner was not entitled to maintain the application in view of the fact that father of the petitioner had earlier filed similar application seeking resumption and restoration of the land and on enquiry the Assistant Commissioner vide his order dated 05.10.1985 had passed an order in No. RRC.KB.89/1978 -79 rejecting the same, holding that alienation made was not hit by the provisions of Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. He found that the alienation had been made beyond the period of non -alienation prescribed. This order having attained finality, petitioner was held not entitled to re -open the case and file one more application seeking resumption and restoration of the very land.