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1997 Supreme(Kar) 560

H.N.TILHARI
VEERAMMA – Appellant
Versus
DEPUTY COMMISSIONER, SHIMOGA – Respondent


Advocates:
BHARATI NAGESH, M.R.RAJAGOPAL

H. N. TILHARI, J.

( 1 ) HEARD the petitioner's counsel. The petitioner has sought writ of certiorari for quashing the order dated 7-8-1997, passed by assistant commissioner in case No. Ptcl 30 of 1992-93 and ptcl 10 of 1996-97, as per Annexure-F. The petitioner has further sought the relief of prohibition or any other writ to prohibit respondent 1 from proceeding with appeal No. Sc/st 22 of 1997-98, whereby he has challenged the order of the assistant commissioner passed under Section 5 of act 2 of 1979.

( 2 ) THE order at Annexure-F is the order of resumption of the land after having declared the sale deed dated 3-12-1990 to be null and void, as being in breach of the terms of Section 4 of the act. By this sale deed the petitioner had purchased the granted land from the grantee who belongs to scheduled caste. In other word the grantee belong to scheduled caste. The land was granted in his favour some times in 1974 and as admitted by the petitioner, it was a grant for something less than the full market value to the grant or; in contravention of sub-section (2) of Section 4 of the Act, the transfer shall be null and void and shall not confer nor will be deemed to have conferred any






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