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2005 Supreme(Kar) 48

D.V.SHYLENDRA KUMAR
G. K. MALLIKARJUNAPPA – Appellant
Versus
DEPUTY COMMISSIONER, DAVANGERE DISTRICT, DAVANGERE – Respondent


Advocates:
D.S.Shivananda, H.R.Manjunath, M.G.Anjanamurthy, M.V.Hiremath, R.M.Neelakantha, S.G.Kadadakatti, S.V.PRAKASH

D. V SHYLENDRA KUMAR, J.

( 1 ) THIS writ petition before this Court by the purchaser of a granted land is the second round of litigation. The subject-matter land, a extent of 3 acres 31 guntas in Sy. No. 51 of Ganadakatte Village, Channagiri taluk in Davangere District, is a piece of agricultural land which had been granted in favour of one Kariyappa-father of the third respondent - a person belonging to Adi Karnataka Community [scheduled caste] in terms of grant/saguvali chit dated 6-2-1957. It is this land that the grantee had sold in favour of one Kotrappa-father of the writ petitioner. The question is as to whether the said sale transaction is hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act' ).

( 2 ) THE son of the grantee Bhimappa-third respondent herein - had filed an application before the Assistant Commissioner, praying for invalidation of the sale and for restoration of the land in his favour on the premise that the sale was in violation of the terms of the grant.

( 3 ) THE application was registered and notice was issued to the petitioner, who was in possession of the lan





















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