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2003 Supreme(SC) 170

K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
Siddegowda – Appellant
Versus
Assistant Commissioner – Respondent


ORDER

One Nanjaiah alias Gungaiah was allotted 1 acre 20 guntas of land by the State for a total sum of Rs.750/-. The land allotted to Gungaiah was purchased by the appellant herein on 10.9.1968. This allotment was made under the Mysore Land Revenue Act, 1888. The Karnataka State Legislature passed the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain lands) Act, 1978 and it came into force on 1.1.1979. Under section 4 of the said Act, certain alienations made in contravention of the terms of grant of land were declared null and void. Pursuant to that, notice was issued under section 4 of the Act to the appellant alleging that the sale in favour of the appellant by the predecessor-in-interest of respondents 3-A to E was violative of provisions of the Act and the land was to be resumed and possession be given back to these respondents. The appellant filed objection and the Assistant Commissioner by his order dated 26.3.1990 ordered resumption of the land. The appellant challenged the same before the Deputy Commissioner. The appeal was rejected. The appellant thereafter filed Writ Petition before the High Court of Karnataka. The same was dismissed










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