YATHIRAJU Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Review Petition is filed seeking review of the order dtd. 4/7/2023 passed in W.A.No.953/2022(SC- ST) by the petitioners herein against the order dtd. 25/11/2021 passed in W.P.No.19079/2014 (SC-ST) by which the said writ petition filed by the petitioners herein was dismissed.

(2.) Reiterating the grounds urged in the petition, learned counsel for the petitioners submitted that the present petition seeking review is necessitated in view of subsequent developments namely an amendment brought by Act 30 of 2023 in respect of Sec. 5(c) and (d) of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of certain lands), Act, 1978 (Act, 1978) whereby now there is no limitation of time to invoke the provisions of the Act, 1978 and said amendment is applicable in all cases pending before all the competent courts.

(3.) It is further contended when the writ appeal was disposed of on 4/7/2023, the Bill seeking amendment to the Act as above was introduced in the State Assembly and the same was thereafter passed and the assent of the Governor has been accorded on 27/7/2023. Thus, he submits in view of the subsequent change in law whereby the limitation to invoke the provision of the Act, 1978 has been done away with, the petitioners be given an opportunity to rehear the matter.