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1989 Supreme(Kar) 227

H.G.BALAKRISHNA
H. A. JAYARAM – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
K.K.VASANT, T.N.MANJULA DEVI

BALAKRISHNA, J.

( 1 ) IN these writ petitions, the petitioner who is common to all the writ petitions, has challenged the impugned orders of the Deputy Commissioner, Chickmagalur district, Chickmagalur, and the Assistant commissioner, Chickmagalur Sub-Division, Chickmagalur, passed under Annex- ures -G' 'h' and 'j' and Annexures 'd', 'e' and 'f' respectively.

( 2 ) THE petitioner is adversely affected by resumption of lands which were purchased by him from the original grantees and restoration to them on the ground that the sale transaction had taken place before the expiry of the period restricting alienation. The action taken by respondent-3 and approved by respondent-2 in appeals is under Section 5 of the Karnataka Scheduled Castes and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short the Act' ).

( 3 ) BRIEFLY set out the facts of the cases are as follows : the petitioner purchased 2 acres of land situated in Sy. No. 29 of Kammara gudu village, Gonibeed Hobli, Mudigere taluk, under three different registered sale deeds dated 12-7-1971 for valuable consideration from each of respondents-4 to 6 who are the original grantees. The assistant Commissione








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