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2022 Supreme(Kar) 1024

ALOK ARADHE, S. VISHWAJITH SHETTY
Kadriyappa – Appellant
Versus
Deputy Commissioner, – Respondent


Advocates appeared:
Mr. M. Nagesh, Adv., Mr. B. Ravindranath, Adv., for the Appellants; Mr. S.S. Mahendra, AGA, for the Respondents No. 1 & 2

JUDGMENT

1. This intra Court appeal has been filed against the order dated 06.03.2020 passed by the learned Single Judge by which the writ petition preferred by the appellants has been dismissed. In order to appreciate the appellants' grievance, few facts need mention which are stated infra.

2. Facts giving rise to the filing of the appeal briefly stated are that the land bearing old Sy.No.31/17 and new Sy.No.58 measuring 2 acres situated at Srimanahalli Village, Hesaraghatta Hobli, Bangalore North (Addl.) Taluk was granted in favour of Munidasa @ Munidasappa on 10.09.1949. The aforesaid land was alienated under a registered sale deed dated 06.07.1967 and thereafter was re- conveyed on 31.06.1980, 31.12.1992 and 30.11.1993. Some time in the year 2006, after a period of 26 years, the legal representatives of the original grantee filed 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 'the 1978 Act' for short). The aforesaid application was allowed by the Assistant Commissioner by an order dated 01.04.2008. The respondent Nos.3 and 4 preferred an appeal which was allowed

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