( 1 ) BY this petition, the petitioner has challenged the Order dated 9th june, 1992, passed by the deputy commissioner, dakshina kannada, mangalore, dismissing the petitioner's appeal and affirming the Order dated 17-5-1985, passed by the assistant commissioner in proceedings under Section 5 of ACT 2 of 1979, as well as Order dated 20th august, 1984, that was originally passed in the earlier proceedings.

( 2 ) FACTS of the case in the nutshell are that the petitioner is a purchaser of granted land from the grantee. The land was granted in favour of deyyu mogera on 25-12-1937, under depressed class assignment rules. The land that had been granted had been 0. 45 acre in sy. No. 171/4 and the grantee had also been granted 0. 10 acre in sy. No. 171/15 of the same village. The alienation of the property that is 0. 10 acre was made in favour of the petitioner by Sri rama mogera, son of the original grantee, to a person who did not belong to scheduled caste. The authorities allowed the application under Section 5 (1), read with Section 4 of the ACT and held the transfer to be in breach of non-alienation condition of original grant and therefore to be null and void and or