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1996 Supreme(Kar) 516

P.VISHWANATHA SHETTY
KARIYAPPA – Appellant
Versus
ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION,HASSAN – Respondent


P. VISHWANATHA SHETTY, J.

( 1 ) THIS petition is directed against the Order dated 25th september, 1989, passed by the second respondent confirming the Order dated 3rd august, 1989 passed by the first respondent rejecting the application of the petitioner filed under Section 5 (1) of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as 'the act'), seeking for declaration that the sale of the land measuring 277 7/9 sq. yards in veeranahalli village, kasaba hobli, hassan taluk made by the petitioner to the third respondent by means of registered sale deed dated 31-11-1970 and subsequent sale of the said land made by the third respondent in favour of the 5th respondent as null and void. Copies of the Order passed by respondents 1 and 2 have been produced as annexures-'b' and 'c' to this petition.

( 2 ) SRI o. Sridharan, learned counsel appearing for the petitioner submitted that the land in question was granted to the petitioner on 10th january, 1956 and the terms of the grant Order prohibited the alienation of the said land for ever and since the petitioner has sold the said land by means of registered sale










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