( 1 ) BY this petition under Article 226 of the Constitution of India, the petitioner who is a purchaser from the grantee has challenged the orders dated 20-12-1989, passed by the Assistant commissioner, Revenue Sub-Division, Chickmagalur, in proceedings under Section 5 of the Karnataka Scheduled castes/scheduled Tribes (Prohibition of Transfer of Certain lands) Act, 1978 (Act No. 2 of 1979), as well as the order of the deputy Commissioner, Chickmagalur District passed in Appeal ptl: 60: 89-90, dated 9-7-1991, dismissing the appeal of the alienee and affirming the order of the Assistant Commissioner.

( 2 ) THE facts of the case in brief are that original grantee Manjaiah, who belonged to "adi Karnataka" community which is one of the Scheduled Caste communities, had been granted land measuring 4 acres 7 guntas of Sy. No. 146, vide, Memo No. SDCPR 5: 53-54, dated 12-12-1953 and in whose favour Saguvali chit has been handed over on 13-10-1954, at the rate of Rs. 2/- for 1 acre 33 guntas and 2 acres 14 guntas were granted at the rate of Rs. 10/- per acre. After the death of Manjaiah, the original grantee, his son, Bettaiah sold the land to one sathyappa vide. , sale de