SREENIVASA K T Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has presented this petition questioning the legality of the order of the Assistant Commissioner, Bangalore Sub-Division; Bangalore, declaring the purchases of certain agricultural lands by the petitioner as void in view of Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain lands) Act, 1978 ('the Act for short).

(2.) The facts and circumstances of the case are as follows : Section 4 of the Act declared sale of agricultural lands granted to members of Scheduled Castes and Scheduled Tribes in contravention of the condition of grant as null and void. Section 5 of the Act empowered the Assistant Commissioner concerned to take action for cancellation of such sales and fcr restoration of the lands to original grantea. Pursuant to the said provision, action was initiated against the retitioner for declaring the purchase of 3 acres of land in survey No. 10/5 of Pattanageri village, Kengari Hobli, Bangalore South Taluk, by the petitioner as null and void. Though the petitioner pointed out before the Assistant Commissioner that he did not purchase the land in contravention of the condition of grant from a member belonging to Scheduled Csste, but he purchased it from persons who had earlier purchased in the auction sale conducted by the Government. The Assistant Commissioner proceeded to declare the purchase of land by the petitioner as invalid. He preferred an appeal before the Special Deputy Commissioner, Bangalore District, under Section 5(A) of the Act. The Deputy Commissioner also dismissed the appeal. Aggrieved by the said order, the petitioner has presented this petition.

(3.) The Deputy Commissioner has correctly set out the facts of the case at para-2 of his order. it reads :