G. VENKATARAMANAPPA Vs. THE SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners have challenged the impugned order (Annexure-J) dated 23-7-2011 passed by the Special Deputy Commissioner, Bangalore District, upholding the The Special Deputy Commissioner & others impugned order at Annexure-D dated 2-3-2009 passed by the Assistant Commissioner, Bangalore South Sub Division, setting aside the sale in favour of Late Kamalamma, who is the wife of petitioner No.1 and mother to petitioner Nos.2 to 4, because the land in question, according to them, originally belonged to Scheduled Castes/Scheduled Tribes persons, covered by the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

(2.) The relevant findings of the learned Special Deputy Commissioner, Bangalore District, are quoted below for ready reference:

(3.) Learned counsel at the bar brought to the notice of this Court a decision of the Hon'ble Supreme Court in the case of MR. VIVEK M. HINDUJA AND OTHERS v. MR. M. ASHWATHA AND OTHERS in Civil Appeal No.2166 of 2009, decided on 6-12-2017 following its earlier view in 1984 [3] SCC 301 [MANCHEGOWDA AND OTHERS v. STATE OF KARNATAKA AND OTHERS] and [2009] 12 SCC 193 [SUNKARA RAJAYALAKSHMI AND OTHERS v. STATE OF KARNATAKA]. Relevant The Special Deputy Commissioner & others portion of the judgment is also quoted below for ready reference;