JAVARAIAH AND OTHERS Vs. SMT. RANGAMMA AND OTHERS

JUDGEMENT

(1.) HEARD the Counsel for the parties. This petition is directed against the order dated 18.1.1999, passed in Appeal No. PTCL/28 of 1994 -95, copy of which is Annexure -E. Petitioners have primarily challenged the order of the Deputy Commissioner, in which according to them the original order merged and the main contention that has been raised on behalf of the Petitioners is, that there was no jurisdiction to take action under Section 5 of the Karnataka Scheduled Caste/Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978 (Act No. 2 of 1979).

(2.) SRI Vijaya Raghavendra, holding brief for Sri S.N. Bhat, Counsel for the Petitioners raised the main contentions to the effect that jurisdiction to exercise power under Section 5 and to declare the sale in favour of Petitioners to be null and void could only arise, if it is shown prima facie or in case of dispute, is held and found that the grantee hailed from a caste or community which comes within the framework of Scheduled Caste or Scheduled Tribe. The learned Counsel Sri Raghavendra contended that there is nothing in the order to indicate either, prima facie nor is there a finding that the grantee belonged to any caste coming within the framework of Scheduled Caste or Scheduled Tribe. It has been, therefore contended that the orders passed by the Assistant Commissioner as well as by the Appellate Commissioner are without jurisdiction and the direction to evict the Petitioners is illegal, null and void. The contention of the Petitioners' Counsel has hotly been contested by Sri H. Nagarajaiah. Sri Nagarajaiah contended that grantee did/does belong to Scheduled Caste and that he has mentioned in his affidavit to the application for vacation of interim order of stay. Learned Counsel contended that he ie. grantee belongs to Adi -Karnataka, but no certificate has been filed.

(3.) FEELING aggrieved from that order the purchaser has come up before this Court by this petition. The only point urged with vehemence by Vijaya Raghavendra is that there is nothing in the orders either of Assistant Commissioner or of the Deputy Commissioner showing that grantee belonged to Scheduled Caste, that is said to belonged to caste coming within the framework of Scheduled Caste or Scheduled Tribe.