ORDER :

K.G. Balakrishnan, J. - The fourth respondent Kariyappa was granted land measuring 1.39 acres by the State on 22-11-1948 free of cost under the Mysore Land Revenue Rules. One of the conditions of the grant was that the land shall not be alienated to any third party. Out of this granted land, the appellant herein purchased 20 guntas of land from the fourth respondent on 14-8-1967. On 1-1-1979 the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 came into force and under Section 4 of the said Act, alienation made against the terms of the grant and the law providing for such grant, was declared null and void. In relation to that, the Assistant Commissioner issued notice to the appellant for resumption of the land purchased by the respondent (sic appellant). The appellant had objected to the order passed against him for resumption of the land purchased by him from the fourth respondent. But the Assistant Commissioner rejected the objections and confirmed his proposal. The appellant filed an appeal against the order before the Deputy Commissioner. The Deputy Commissioner set aside the order passed by the Assistant Commissioner.