B S LEELAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition though posted for orders on an application to produce documents, with the consent of the learned Counsel for the parties, is finally heard and disposed of by this order.

(2.) The short question that arises for decision-making is whether the Deputy Commissioner, in the appeal preferred by the petitioner under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act'), was justified in eschewing the material document marked as page Nos. 116 and 154 in the Darkast file, maintained by the Tahsildar, North Taluk, an enclosure to the application dated 2-1-1969 of T. Mariyappa for grant of land as a political sufferer, being the copy of the Caste Certificate dated 7-8-1968 issued by the District Social Welfare Officer, Bangalore Urban certifying that the grantee belongs to Bunda-Besta Community included in the Nomadic and semi-nomadic tribe?

(3.) The learned Government Counsel, having produced the grant file maintained by the Tahsildar, it is evident that the application for grant of land as a political sufferer was accompanied by copies of: