THULUVANURVENKATARAMANNA Vs. ASSISTANT COMMISSIONER CHIKKABALLAPUR

JUDGEMENT

(1.) The appellant is aggrieved by the order of the learned single Judge disposing of his writ petition on the ground that the impugned order of Assistant Commissioner as per Annexure-C is appealable under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. No doubt it is true that the learned Judge, has referred to Section 5-A, as amended by amending Act No. 3 of 1984, which in substance is Karnataka Act No. 3 of 1984. But that provision would certainly not apply to such a case. In the present case the appellant who was original grantee had moved the Assistant Commissioner for declaring the sale deed entered into by him in favour of respondent No. 2 to be null and void, being violative of provisions of Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. However, the order of the learned Judge can be sustained on account of the further fact that Section 5-A itself underwent an amendment by Karnataka Act No. 8 of 1992. By that amendment the Legislature amended Section 5 and inserted sub-section (1-A), which reads as under:

(2.) Then follows the amendment to Section 5-A and it reads as under:

(3.) Appeal is there fore dismissed.