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2022 Supreme(Kar) 1458

ALOK ARADHE, S. VISHWAJITH SHETTY
G. Vijayalakshmi – Appellant
Versus
R. Ramachandra Rao – Respondent


Advocates appeared:
Mr. Jaya Kumar S. Patil, Sr. Counsel, Mr. Mahamad Tahir A, Adv, for the Appellant; Mrs. Vani H, AGA, for the Respondents No. 2 to 4; Mr. H. Kantharaj, Sr. Counsel, Mr. H.K. Kenchegowda, Adv, for the Respondents No. 5

JUDGMENT/ORDER

1. These intra Court appeals have been filed against a common order dated 18.10.2019 passed by the learned Single Judge by which orders passed by the Assistant Commissioner and the Deputy Commissioner have been set aside and the matter has been remitted to the Assistant Commissioner for a fresh consideration. Since all the appeals arise from a common order, they were heard together and are being decided by this common judgment.

2. For the facility of reference, facts of W.A.No.4059/2019 are being referred to. Land bearing Sy.No.106/P-110 measuring 4 acres situated at Teru-bedi Village, Maravalli Hobli, Kanakapura Taluk (hereinafter referred to as the 'schedule land', for short) was allotted to the father of the respondent No.5 on 16.05.1942. However, the schedule land was alienated on 07.12.1997. After a period of 10 years, an application seeking resumption of the land was filed under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act', for short) on the ground that the respondent No.5 belongs to 'beda' community which is a notified Scheduled Tribe. The Assistant Com

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