D. V SHYLENDRA KUMAR, J.

( 1 ) WRIT petitioner is a person who claims to be a purchaser of a granted land to an extent of 3 acres in Survey No. 51/4 at Somapura Village, mallipatna Hobli, Arakalgud Taluk, Hassan District. It is the case of the petitioner that he had purchased this land in terms of sale deed 8-3-1991 from one Sri Eraiah, father of the respondent 3 in this petition and the original grantee of this extent of land.

( 2 ) THE land in question appears to have been granted to said Sri eraiah in the year 1964 under the Dharkhast proceedings as a person belonging to scheduled caste community and free of cost. The record indicates that the condition of non-alienation for a period of 15 years from the date of grant had been imposed.

( 3 ) THE son of said Sri Eraiah had filed an application before the assistant Commissioner, Sakleshpur Sub-Division, Sakleshpur under the provisions of Section 5 of the Karnataka Scheduled Caste and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, praying for invalidating the sale transaction and for restoration of the land. The Assistant Commissioner after issue of notice to the petitioner held an enquiry and accepted the ap

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