O R D E R

This writ petition is preferred by the petitioners seeking a writ in the nature of certiorari to quash the order passed by the Respondent No.1/Assistant Commissioner dated 27.2.2007 vide Annexure-M as well as the order passed by the Respondent No.10/ Deputy Commissioner vide Annexure-N.

2. Heard learned counsel – Dr. Nanda Kishore for the petitioners; Sri Venkat Satyanarayan, learned HCGP for Respondent Nos.1,2 and 10; Sri Dhananjay Joshi, learned senior counsel on behalf of learned counsel - Sri Vigneswara .U for Respondent No.3; and Sri B.S. Raghu Prasad for Respondent Nos.5 to 9.

3. It is the vehement contention of learned counsel –

Dr. Nanda Kishore appearing on behalf of the petitioners that the petitioners are the wife and son of one H. Krishnamurthy and the petitioners and their ancestors belong to "Adi Karnataka" caste, which is recognized as Scheduled Caste under the Constitution of India. Learned counsel further contends that Sri H. Krishnamurthy who is none other than husband of 1st petitioner and father of 2nd petitioner was granted 10 acres 30 guntas in waste land bearing Sy.No.133 of B.M. Kaval village, Bangalore South taluk, Bangalore district during 1941-42, which was confirmed vide grant order of the Government dated 21.3.1962. It is further contended that Sri H. Krishnamurthy was granted 3 acres and another 7 acres 30 guntas, in all totaling to 10 acres 30 guntas of land at an upset price of Rs.50/- per acre.

3.1 Learned counsel contends that pursuant to the grant in favour of H. Krishnamurthy, saguvali chit was issued as per No.LNO SR.1 188/61-62 and possession was delivered. Thereafter mutation was effected in the name of Sri H. Krishnamurthy pursuant to the issuance of saguvali chit and possession was also handed over and Sri H. Krishnamurthy was in possession and cultivating the land. It is also contended that revenue records such as record of rights, Tippani & Hissa survey Tippani extract etc., continued in the name of Sri H. Krishnamurthy.

3.2 Learned counsel contends that this being the state of affairs, Sri H. Krishnamurthy had approached the parents of respondents 4 to 9 for financial assistance as they were money lenders. Taking advantage of situation, the parents of respondents 4 to 9 got the sale deed executed in favour of Smt. Lada Devi Bachhawat to an extent of 3 acres in Sy.No.133 of B.M. Kaval village as security for the financial assistance. It is further contended that the said 3 acres of land formed part of 7 acres 30 guntas which was granted to Sri H. Krishnamurthy. Learned counsel contends that at no point of time the possession was ever delivered to the vendee Smt. Lada Devi Bachhawat by the vendor late Sri H. Krishnamurthy. The sale being nominal in nature, Sri H. Krishnamurthy continued to remain in peaceful possession of the above said 3 acres of land. It is further contended by the learned counsel that the said sale made in favour of Smt. Lada Devi Bachhawat is contrary to Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 {‘SC & ST (PTCL) Act’ for short} as no prior permission of the Government was obtained before the transfer and any sale/conveyance made is therefore null and void.

3.3 Learned counsel further contends that the legal representatives of Smt. Lada Devi Bachhawat thereafter effected sale of the very same property measuring 3 acres in favour of Respondent No.3/Sri Madanlal Bothra which again is contrary to Section 4 of the SC & ST (PTCL) Act and therefore the said sale is also null and void and is not a legally valid transaction which would not bind the rights of the original grantee - Sri H. Krishnamurthy.

3.4 Learned counsel further contends that the petitioners who are the wife and son of the original grantee - Sri H. Krishnamurthy are in peaceful possession and enjoyment of the land measuring 3 acres, which is part of 07 acres 30 guntas of land originally granted in favour of Sri H. Krishnamurh