SMT. NARAYANAMMA Vs. MUNIKRISHNA AND OTHERS

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The petitioner's husband late Mr.Muniswamappa was the purchaser of the land in question belonging to non SC/ST category from the persons/vendors belonging to SC/ST category and she has filed these writ petitions in this Court aggrieved by the order passed by the appellate authority below, namely, the Deputy Commissioner. The Deputy Commissioner set aside the sale of the land in question in favour of the husband of the petitioner at the request of the original grantee who belonged to SC/ST category and who sought the annulment of the sale in question in terms of Section 4 of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short).

(3.) The issue is prima-facie covered by the decision of the Hon'ble Supreme Court in the case of Vivek M. Hinduja and Others v. M. Ashwatha And Others in Civil Appeal No.2166/2009, decided on 06.12.2017 . This Court following the aforesaid decision of the Hon'ble Supreme Court has already disposed of one such petition filed by the purchasers belonging to non SC/ST category namely, W.P.No.24921/2009 (D.A.Chandrshekaraiah and Others v. The Spl.Deputy Commissioner, Bangalore) on 03.09.2018 .