L NARAYANA SWAMY
Shahanaz Begum – Appellant
Versus
State of Karnataka – Respondent
1. These writ petitions are filed by the petitioner being aggrieved of the orders passed by the Assistant Commissioner, Gulbarga dated 30th September 2009 allowing the application for resumption and restoring the land in favour of the party respondent, which is confirmed by the Deputy Commissioner, Gulbarga by the order dated 23rd August 2011.
2. The facts of the case to be stated in brief are husband of the 4th respondent was granted 300 acres of land in Sy.No.442/2/1 of Yadrami village, Jevargi Taluk by the Assistant Commissioner vide order dated 3rd August 1981 in No.83/1981-82. The said land came to be sold vide Document No.80/199798 dated 26th April 1997 without prior permission from the Government thereby violating the provisions of Section 4(2) of Karnataka Scheduled Castes & Scheduled Tribes (Prevention of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as `the Act’ for short).
3. The learned counsel for the petitioner submits that the Assistant Commissioner did not find whether the grant was for an upset price or not, the action initiated is after lapse of more than 10 years, which is unreasonable violative of Article 14 of the Constitution of India, t
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