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2023 Supreme(Online)(Kar) 37824

KARNATAKA HIGH COURT
SMT SUMITHRAMMA – Appellant
Versus
THE ASSISTANT COMMISSIONER – Respondent


ORDER

The captioned writ petition is filed by the purchaser, assailing the eviction notice issued by respondent No.1/Assistant commissioner vide Annexure-D. The said eviction notice is under challenge at the instance of widow of purchaser namely, Parameshwarappa.

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 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

1 (2020) 14 SCC 232

2 (2019) 1 Kant LJ 819 SC

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.

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 Apex Court by reiterating the principles laid down i

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