RADHAMMA G Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the present writ petitions to quash the proceedings initiated by the 2nd respondent/Assistant Commissioner dated 21.11.2017 as per Annexure-E1.

(2.) It is the case of the petitioners that the Tahsildar, Hoskote, granted one acre of land in Old Sy.No.14, New No.14/P8 situated at Doddagubbi, Bidarahalli, Bengaluru East, to Modalateppa, grand father of respondent Nos.3 to 5. After the death of Modalateppa, his children by name Muniyappa, father of respondent Nos.3 and 4, Yerrappa, father of respondent No.5, Chenneerappa, Poojappa, Krishnappa and Kadirappa are said to have sold the said land in favour of 6th respondent under registered sale deed dated 22.03.1984. Thereafter, the 6th respondent sold the said land to one Megharaj, the husband of the first petitioner and father of second petitioner, under registered sale deed dated 14.08.1989 and accordingly, the mutation entry and revenue records were changed. The said Megharaj, husband of the first petitioner and father of the second petitioner died on 06.05.2002.

(3.) It is further case of the petitioners that on 20.07.2017, respondent Nos.3 to 5 preferred petition under Rule 3(2) r/w Sections 4 and 5 of the Karnataka Scheduled Castes/Scheduled Tribes (Prohibition of Transfer of Certain Lands ) Act, 1978, for restoration of the land. On the basis of the said petition, the second respondent/ Assistant Commissioner issued notice fixing the date of hearing on 08.01.2018, as per Annexure-E1. The present petitioners who are respondent Nos.2 and 3 before the Assistant Commissioner filed objections on 08.01.2018 and now the matter is posted in the month of October 2018 as stated by learned counsel for the petitioners. Hence, the present writ petitions are filed challenging the very notice issued by respondent No.2 to proceed under the provisions of the SC/ST Act.