JUDGMENT

S.Sujatha, J. - This intra Court appeal is directed against the order of the learned Single Judge dated 11.11.2013 passed in W.P.No.47742/2004 whereby the writ petition has been rejected confirming the order of the Deputy Commissioner, directing the authorities to resume and restore the subject lands in accordance with law within a time frame.

2. Succinctly stated the facts are that the entries made in the revenue records based on the Will dated 27.02.1991 said to have been executed by one Sri Basappa Madar relating to the lands bearing R.S.No.315/B measuring 13 acres 23 guntas, R.S.No.385/4 measuring 1 acre 32 guntas and R.S.No.339/5 measuring 20 guntas situated at Managundi village, taluk and district Dharwad, qua the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') was the subject matter of the proceedings before the Assistant Commissioner, Dharwad/respondent No.2 pursuant to the application filed by respondents 3 to 5. Respondent No.2 has held that the provisions of the Act are not applicable to the facts of the present case more particularly, Sections 3 (1)(b) and 3 (1)(e) of th