ORDER :

R. DEVDAS, J.

1. The writ petitioner is calling in question the validity and correctness, including the authority of the 2nd respondent-Assistant Commissioner to entertain an application under Section 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), at the behest of respondents No.3 to 5.

2. A brief background is required to be stated in order to appreciate the issue raised by the petitioner. 2 acres of land in Sy.No.171 situated at Kumbalagodu Village, Kengeri Hobli, Bengaluru South Taluk was granted on 09.07.1953 in favour of one Kenchaiah. Respondents No.3 to 5 claim to be the legal heirs of the said Kenchaiah. Respondent No.6 intended to purchase the said land from respondents No.3 to 5. However, since there was a mandatory provision under Section 4(2) of the PTCL Act, requiring prior permission to be taken from the State Government before a granted land could be transferred in favour of any other person, an application was made by the respondents No.3 to 5 to the State Government. The State Government seems to have called for the information from the concerned