1. Petitioners are calling in question the order dated 28.07.2014 passed by the Deputy Commissioner – respondent No.1 herein dismissing the appeal filed under Section 5A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the Act’) thereby confirming the order dated 10.06.2011 passed by the Assistant Commissioner, Shimoga Sub Division, Shimoga, directing resumption and restoration of land in favour of the grantee. Impugned orders are produced at Annexures E & F.

2. Lease in respect of land bearing Sy.No.39/20 measuring 2 acres situated at Balemaranahalli Village, Bhadravathi Taluk, Shimoga District was granted in favour of the husband of the 3rd respondent by name Thimmabhovi temporarily for a period of five years on 08.08.1959 by the revenue authorities. After expiry of said five years, the lease came to be confirmed on 21.12.1963 by issuing a permanent Grant Certificate.

3. Husband of the 3rd respondent sold this land in favour of one Thippaiah by executing a registered Sale Deed dated 16.01.1964. The said Thippaiah in turn sold the property in favour of the husband of the 1st petitioner by name Doddegowda