D SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who had been granted an extent of 4 acres of land in Sy. No. 14 (New No. 74) of Hoskote Village, Kolala Hobli, koratagere Taluk in Tunikur District and whose efforts to get back the land under the provisions of the Karnataka Scheduled Castes and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act'), claiming benefits under this Act for persons like him, as he had parted the land in favour of the father of the third respondent in the year 1963 through a sale deed, is yet to fructify.

(2.) PETITIONER though promptly invoked the provisions of the Act immediately on this Act coming into force and had filed an application under Section 5 of the Act in the year 1979 itself, unfortunately, the proceedings refused to come to a close and the petitioner continues to run from pillar to post to get the benefits that he became entitled to under the Act and in terms of the order dated 6-2-1981 passed by the assistant Commissioner as that was also an order with a left handed compliment.

(3.) THE present writ petition is directed against the order dated 9-11-1998, a copy of which is produced at Annexure-E to the writ petition, purporting to have been passed by the Deputy Commissioner in exercise of his appellate power under Section 5-A of the Act, allowing the appeal and setting aside the order dated 7-9-1994 that had been passed by the assistant Commissioner purporting to be an order on an enquiry under section 5 of the Act in respect of the application of the petitioner.