ORDER :

R. DEVDAS, J.

The petitioner who had entered into an agreement to purchase the land in question under a Agreement of Sale dated 29.09.1994, filed a suit before the civil Court seeking a decree of Specific Performance of Contract. The civil Court decreed the suit and thereafter a sale deed was executed through the Court on 21.04.2001, in favour of the petitioner herein. Thereafter, an application came to be filed by respondent No.7 herein before the Assistant Commissioner invoking the provisions of Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as ‘PTCL Act, for short). The Assistant Commissioner noticed that a sale deed dated 21.04.2001 has been executed in favour of the petitioner herein through the Court and it was also an admitted fact that the land in question was acquired by the Karnataka Industrial Areas Development Board’ (for short, ‘KIADB’), by virtue of a notification dated 11.01.1996 and therefore the Assistant Commissioner proceeded to reject the application holding that the petitioner herein is entitled for receiving the compensation at the hands of the KIADB.

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