SHANKRANAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned counsel for the respondents.

(2.) The petitioners are before this Court being aggrieved by the order of respondent No.2 passed in proceedings bearing No.PTL:CR:1:01-02 whereby respondent No.2 was pleased to uphold the proceedings of respondent No.3 dated 07.02.2001 annulling the sale in favour of petitioners' father dated 06.03.1956 and directing restoration of the land in favour of respondent No.4 and thereby allowed the application filed under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [hereinafter referred to as 'the Act' for short].

(3.) The application filed under Section 5 of the Act for resumption of the land was in the year 1991 and the same came to be rejected. On an appeal before the Deputy commissioner, the matter was remitted back to respondent No.2 for consideration. Yet again respondent No.2 rejected the claim of respondent No.4 which was once again carried in an appeal before respondent No.2. Respondent No.2 by order dated 03.04.2000 was pleased to set aside the order and remitted back the matter to respondent No.3. On third round, respondent No.3 was pleased to allow the application. The appeal by the petitioners came to be rejected by respondent No.2 vide order dated 03.09.2002.