(This Writ appeal is filed U/S 4 of the Karnataka High Court Act Praying to set aside the order passed in the writ petition No.8417/2008 dated 23/6/08.)

P.D. Dinakaran, C.J.

This writ appeal is by the unsuccessful petitioners in Writ Petition No.8417/2008 being aggrieved by the order dated 23.6.2008 passed by the learned Single Judge confirming the order of the Deputy Commissioner, Tumkur District dated 21.1.2008 and the order of the Assistant Commissioner dated 24.10.2005 declaring the sale transaction made in respect of 5 acres of dry land in Sy.No.48 of Sonnenahalli village, Tiputur Taluk, Tumkur District by the husband of the third respondent herein in favour of the appellant/writ petitioners as null and void and consequentially directing resumption and restoration of the said property in favour of third respondent.

2.1. The undisputed facts of the case are:

Dry land of an extent of 5 acres located in Sy.No.48 of Sonnenahalli village, Tiptur Taluk was granted under Rule 43(6) (a) (ii) of the Mysore Land Revenue Code to the husband of the third respondent herein on 17.1.1960 for a reduced upset price of Rs.25/- per acre.

2.2. Rule 43 (6) (a) ii) reads as hereunder:

“