( 1 ) THIS writ petition deserves to be allowed on a short ground. Late Sri Mariappa father of Petitioners 1 and 2 was granted 2 acres and 23 guntas in Survey No. 7, situated in Vyasanhally village, Shimoga Taluk, Shimoga district, by the competant authority, under the then darkhast rules, by an order made on 15-1-1948. One of the conditions of the grant was that the grantee shall not alienate the said land to any one. However, by a registered sale deed on 14-9-1965, the grantee sold the said land to respondent-3 Basappa.

( 2 ) AFTER coming into the force of Karnataka Scheduled Castes and Scheduled tribes (Prohibition of Transfers of Certain lands) Act, 1978 (hereinafter referred to as the Act), Petitioners 1 and 2 approached the Assistant Commissioner seeking relief Under Sections 4 and 5 of the Act. The learned Assistant Commissioner having notified both the parties and having held the enquiry passed an order under section 4 of the Act by which he declared that the said transfer was null and void. He further declared that the applicantrantee shall be entitled for the restoration of the land under Section 5 of the act. Aggrieved by the said order of the assistant C