VIKRAMAJIT SEN. C.J. (Oral):

1. By case No. LND.SCS.11/2001-02, the petitioner (respondent no. 12 before us) initiated proceedings before the Assistant Commissioner for restoration of land bearing Sy. No. 192 admeasuring 4-00 acres in Maragal Village, Kasaba Hobli, Bangarpet Taluk.

2. The Assistant Commissioner noted that the transaction between the petitioner and the respondents violated section 4 (1) of the Karnataka scheduled castes and scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978 (hereinafter referred to as the Act’) Accordingly, he ordered the eviction of the occupants of lands in question under Section 5(1) of the said Act. The appellant before us appears to have purchased the land from Sri K.V. Anajanappa and K. Venktaramappa (respondents 1 and 2 before the Assistant Commissioner and respondents nos. 8 and 7 before us).

3. The appellant thereafter, field an appeal before the Deputy Commissioner, Kolar incase No. RA/SC.ST/21/2004-05, This appeal came to be allowed on the grounds that the grantee of the saguwali Chit i.e. petitioner-Venkteshappa had paid a price of Rs.195/- which reflected and corresponded to the upset price of the land. Th