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2022 Supreme(Kar) 1234

ALOK ARADHE, S. VISHWAJITH SHETTY
Duduya Naik – Appellant
Versus
Deputy Commissioner, Davanagere – Respondent


Advocates appeared:
R. Gopal, Adv.,, for the Petitioner; A. Nagarajappa, Adv., S.S. Mahendra, AGA., for the Respondents

JUDGMENT

Alok Aradhe, Actg, C.J. - This intra court appeal has been filed against an order dated 09.12.2021 passed by learned Single Judge, by which in a writ petition preferred by respondent Nos. 3 to 8, order dated 24.09.2021 passed by the Deputy Commissioner and the order dated 17.08.2020 passed by the Assistant Commissioner under the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'Act', for short), have been quashed and the writ petition has been allowed.

2. Facts giving rise to filing of this appeal in nutshell are, that on 24.06.1954, land bearing Sy. No. 13 (new No. 84) measuring 3 acres 20 guntas situate at Mohiddinpura Village, Channagiri Taluk, was granted in favour of one Hanuma Naik who alienated the land in favour of one Siddappa on 10.01.1970. Thereafter, the aforesaid land was re-conveyed on 18.01.1982 and 16.04.1986. Sometime in the year 2018, after a period of 45 years, appellant filed an application for restoration of land under Section 5(1) of the Act. The Assistant Commissioner by an order dated 17.08.2020 allowed the application filed by appellant.

3. Being aggrieve

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