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2023 Supreme(Online)(Kar) 28417

KARNATAKA HIGH COURT
SMT. PREMAKUMARI – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent


ORDER

The captioned writ petition is filed by the purchaser feeling aggrieved by the order passed by the respondent No.2-Assistant Commissioner ordering for restoration of petition land and the order passed by the respondent No.1-Deputy Commissioner confirming the order of the Assistant Commissioner.

2. Before I advert to the facts of the present case, it would be useful to refer to the judgments rendered by the Apex Court on this issue in the case of Nekkanti Rama Lakshmi .vs. State of Karnataka and another1 and Vivek M. Hinduja .vs. M. Aswatha2. It would be also useful to refer to the judgment rendered by a Co- Ordinate Bench of this Court in W.P.No.50446 of 2012, which was confirmed by the Division Bench in W.A.No.16/2021 disposed of on 05.04.2021.

1 (2020) 14 SCC 232

2 (2019) 1 Kant LJ 819 SC

3. The Apex Court in the case of Nekkanti Rama Lakshmi, while interpreting Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") had an occasion to examine the point of limitation wherein interested person can file appropriate application seeking annulment of sale as void under Section 4 of the PTCL Act. The

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