ORDER :

The reference to this bench emanates from order dated 19.05.2021 passed by the learned Single Judge. The factual backdrop in which the reference has been made to this Bench needs mention.

2. The petitioners are the persons belonging to the schedule caste and lineal descendants of Late Konda alias Kondappa, namely father of petitioner Nos.13 and 14 and grandfather of remaining respondents. Aforesaid Late Konda was granted land bearing Survey No.45 measuring 5 acres and 3 guntas situate at Village Meenukunte, Jala Hobli, Devanahalli Taluk, vide Government Order dated 31.12.1927. The order of grant contained a condition with regard to non-alienation of land. On death of aforesaid Shri Konda, the land devolved on the petitioners. The respondent No.3 purchased the lands in question vide five registered sale deeds dated 31.10.1996 from the petitioners without obtaining prior permission from the Government under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘PTCL Act’).

3. The petitioner No.1 filed an application before the Assistant Commissioner under Section 5 of the PTCL Act for