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2016 Supreme(Kar) 973

S.N.SATYANARAYANA
Narasaiah – Appellant
Versus
Deputy Commissioner, Bangalore Rural District – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Parashuram R. Hattarakihal, Advocate
For the Respondent:E.R. Diwakar, Additional Government Advocate and D.R. Basavarajappa, Advocate

ORDER :

S.N. SATYANARAYANA, J.

1. The petitioner herein has challenged the order dated 16-7-2001 passed by respondent 1-Deputy Commissioner, Bengaluru Rural District, in case No. LND:SC.ST(A).22/1998-99, wherein the order passed by respondent 2-Assistant Commissioner, Doddaballapur Sub-Division, Bengaluru, in case No. LND.SCST.39/96-97, dated 26-9-1998, has been set aside. The sum and substance of the petitioner's case is that his father, Sri Ganganarasaiah, was lessee of land to an extent of 2 acres in Sy. No. 45, situate in Obalapura Village, Thymagondlu Hobli, Nelamangala Taluk, which was given to his father under 'Grow More Food Scheme' in the year 1962. It is seen that it was for a limited period of 5 years. After the expiry of the lease, petitioner's father continued to be in unauthorised possession and cultivation of the same. Though he did not have any legal right, he is said to have sold the aforesaid land in favour of respondent 4 herein under sale deed dated 8-10-1990, which was registered on 6-11-1990.

2. The original lessee is said to have filed an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)











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