K C SATHYAVATHI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THOUGH this petition is posted for preliminary hearing in 'b' group, with the consent of the Learned Counsel for the petitioners and the learned Government Pleader appearing for Respondents-1 and 2, ft is taken up for final hearing and disposed of by this order.

(2.) THE petitioners in this petition are the legal heirs of one late Lakshmana Gowda.

(3.) IN this petition, the petitioners have prayed for quashing the order dated 9th February, 1988, passed by the 1st respondent, confirming the order dated 27th May, 1987, passed by the 2nd respondent in exercise of the powers conferred on him under Section 5 (1) of the Karnataka Scheduled Castes and Scheduled tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as 'the Act'), declaring the sale of land measuring 5 acres in Sy. No. 283, old No. 174, situated at Makodu village, Avathi hobli, Chikmagalur Taluk, as null and void and further directing that the possession of the said land should be handed over to the 3rd respondent. Copies of the order dated 9th February, 1988 and 27th may, 1987, have been produced as Annexure-A and B, respectively.