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2005 Supreme(Kar) 818

D.V.SHYLENDRA KUMAR
Muniakkayyamma – Appellant
Versus
Assistant Commissioner, Doddaballapur Sub-division – Respondent


Advocates:
Advocate Appeared:
Mr. Suresh D. Deshpande, for the Appellant
Mr. Bharamagouda B. Goudar, High Court Government Pleader, Rajanna, Holla and Holla, Patil and Nettar, for the Respondent

ORDER

D.V. Shylendra Kumar, J.—Writ Petition by the widow of a person to whom had been granted an extent of 3 acres of land in Sy. No. 6 of Kempathimmanahalli village, Kasaba Hobli, Devanahalli Taluk, as a person belonging to Scheduled Caste community, in terms of grant order dated 6.1.1969. It appears the writ Petitioner had sold this land in terms of the sale deed dated 19.2.2001 in favour of the third Respondent .

2. Writ Petitioner getting wise after the event had applied to the Assistant Commissioner invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], inter alia, claiming that the land which had been originally granted in favour of her husband in terms of grant order dated 6.1.1969, for which saguvali chit was issued on 7.2.1969, which in fact had also been got converted into for non-agricultural use in terms of the permission dated 31.1.2000 granted by the Deputy Commissioner, had been thereafter sold in terms of the sale deed dated 19.2.2001; that 'the transaction is to be invalidated in terms of the provisions of Sub-section (1) of Section 4 of the Act, as prior permission un


























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