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2010 Supreme(Kar) 708

ASHOK B.HINCHIGERI
R. Muniraju – Appellant
Versus
State of Karnataka – Respondent


Appearing Advocates:
For the Petitioners:Prakash T. Hebbar, Advocate.
For the Respondents:R. Devdas Additional Government Advocate.

Judgment :

The petitioners have raised the challenge to the order, dated 24.2.2005 (Annexure-B) passed by the Assistant Commissioner and the order dated 11.12.2008 (Annexure-A) passed by the Special Deputy Commissioner.

2. The facts of the case in brief are that the land measuring 3 acres situated at Survey No. 116 of Kurubarahalli Village. Tavarekere Hobli, Bangalore South Taluk, was granted to one Rangaiah on 31.1.1963. The said Rangaiah availed of some financial assistance from the father of the fourth respondent. On his inability to repay the amount, Rangaiah sold the land to the fourth respondent on 30.4.1966. Thereafter, the Saguvali Chit came to be issued to the said Rangaiah on 21.12.1967. The petitioners claiming to be the legal representative of the deceased Rangaiah made an application before the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereafter called ‘PTCL Act’ for short). The Assistant Commissioner took the view that, as the sale is effected even before the issuance of the Saguvali Chit, the grantee or his legal representatives are not entitled to restoratio
















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