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2021 Supreme(Kar) 600

R.DEVDAS
Nanjamma – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Prasad B S, Advocate, Arun K S, Advocate, Sangamesh R B, Advocate, Rukhiabai, Advocate, Narasimha Raju, Advocate, Raghu Prasad B S, Advocate

JUDGMENT :

R. Devdas, J.

The petitioner, a purchaser of the land in question is before this Court, aggrieved by the order dated 30.11.2018 passed by the 2nd respondent-Deputy Commissioner, who set aside the order passed by 3rd respondent-Assistant Commissioner and directed resumption and restoration of the land in favour of the legal representatives of the original grantee Smt.Venkatamma.

2. The petitioner herein purchased two acres and two guntas of land in Sy.No.153/5, situated at Herohalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk. Respondent No.4- Sri.Ramaiah filed an application before the 3rd respondent- Assistant Commissioner seeking a declaration that the sale deed dated 13.12.2006 wherein two acres and two guntas of land out of 3 acres and 3 guntas of land which was sold in favour of the petitioner herein is null and void since originally the land was granted in favour of Smt. Venkatamma who belonged to Scheduled Tribe Community and the sale deed is in contravention of Section 4(2) of the Karnataka Scheduled Castes/ Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (herein after referred to as 'the Act' for short), there being no previous permis

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