IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL

NO.8426 OF 2009

RANGAIAH (D) BY LRS.

APPELLANT(S)

VERSUS

STATE OF KARNATAKA & ANR.

RESPONDENT(S)

O R D E R

Having heard learned counsel appearing for the parties

and upon perusal of the record, we find that the

circumstances of the instant case clearly show that the

impugned action for resuming possession of the lands was

taken under sections 4 and 5 of the Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer of

Certain Lands) Act, 1978 (for short, the 'Act') after about

22 years of its coming into force. This has been held to be

impermissible by this Court in Civil Appeal No.2166/2009

titled as “Vivek M. Hinduja & Ors. vs. M. Ashwatha & Ors.”,

and other decisions considered therein.

Accordingly, the appeal is allowed, impugned judgment

passed by the High Court as also the authorities are set

aside, and the proceedings initiated by the Assistant

Commissioner, Shimoga Sub-Division, Shimoga, against the

appellants are quashed.

....................J

[S. A. BOBDE]

....................J

[L. NAGESWARA RAO]

NEW DELHI;

DECEMBER 06,