M PUSHPAVATHI Vs. S PAPANNA

JUDGEMENT

(1.) PETITIONER is a person who has purchased a piece of agricultural land measuring an extent of 2 acres 18 guntas in survey No. 46 of Kaggalipura Village, Uttarahalli Hobli, Bangalore South taluk under three different sale deeds dated 17-4-1995 registered on 23-8-1995 for a valuable consideration in terms of the sale deed executed by one Papanna who is no more and whose legal representatives figure as respondents in this writ petition.

(2.) UNFORTUNATELY, this transaction has run into rough waters as at the instance of the very vendor who had petitioned the Assistant Commissioner, Bangalore South Sub-Division seeking benefit under the provisions of the Karnataka Scheduled Caste and Scheduled Tribe [ptcl] Act, 1978 [for short the Act'] for invalidation of the sale transaction, resumption of the land and for restitution, the Assistant Commissioner had issued notice to the purchaser, held an enquiry and in terms of his order dated 27-4-2001 invalidated the sale transaction, directed resumption holding that the transfer was hit by the provisions of Section 4 (1) of the Act for want of permission under Section 4 (2) of the Act in terms of his order dated 29-4-2001 loopy at annexure-J].

(3.) PETITIONER being aggrieved had preferred an appeal under Section 5-A of the Act to the Deputy commissioner and met with success as the Deputy Commissioner finding certain deficiencies in the order passed by the Assistant Commissioner on procedural aspects, remanded the matter to the Assistant Commissioner for fresh consideration and disposal in terms of the order dated 27-12-2002 [copy at Annexure-K].