B SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The writ petition which is posted for preliminary hearing is taken up for final disposal by consent of both sides.

(2.) The petitioner was the highest bidderin an auction held by the 4th respondent Assistant Registrar of Co-operative Societies, Kolar Sub-Division, Kolar for recovery of certain amounts due under an award obtained by the 5th respondent - Primary Co-operative Agricultural and Land Development Bank Ltd., Srinivasapur, against one Venkatappa under the Co operative Societies Act.

(3.) Survey No. 17 of Neelatoor Villagewhich was sold in the said auction was a "granted land" under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the SC/ST Act). The said Venkatappa mortgaged the said land in favour of the 5th respondent as security for a loan advanced by the Bank. 3. After the sale was confirmed, the sale certificate dated 29-10-1987 was issued as per Annexure-D in favour of the petitioner. The petitioner presented the said sale certificate for registration before the 3rd respon dent - Sub-Registrar, Srinivasapur, Kolar District.