K. H. N. KURANGA, J. ( 1 ) THE petitioner has in this petition challenged the Order dated 21-3-199. 4 Annexure-A passed by the deputy commissioner and the Order dated 13-2-1992 Annexure-B passed by the assistant commissioner, hunsur sub-division, hunsur. ( 2 ) THE land in question is 4 acres in survey No. 42 of benagal village, taluk periyapattna. This land was granted to one boraiah, the husband of respondent 4 herein in the year 1960-61. The petitioner purchased the land from him on 22-5-1985. ( 3 ) THE assistant commissioner, hunsur sub-division, hunsur initiated the proceedings under the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short 'the act') and passed an Order as per annexure-b, against which an appeal was filed by the petitioner before the deputy commissioner, mysore and the deputy commissioner has dismissed the appeal as per annexure-a. ( 4 ) THE learned counsel for the petitioner submitted that the assistant commissioner has not conducted any enquiry as required under rule 3 of the Karnataka scheduled castes and scheduled tribes rules, 1979 (for short 'the rules') before passing the Order, annexure-b. Hence, the Order, Annexure-B is illegal. Since the Order Annexure-B is illegal, the Order of the deputy commissioner-annexure-a confirming the Order of the assistant commissioner is also liable to be set aside. ( 5 ) THE learned High Court government pleader has produced the records in this case. The Order sheet maintained by the assistant commissioner shows that the assistant commissioner has not conducted the enquiry as required under rule 3 of the rules. He has not recorded the statements of the parties. According to rule 3 (5) of the rules, the assistant commissioner shall for the purpose of an enquiry under Section 5, follow the procedure for a formal enquiry under Section 33 of the Karnataka land revenue act, 1964. ( 6 ) SECTION 33 of the land revenue ACT says that the evidence shall be taken in full in writing in kannada or english or in any such language as may be prescribed by the state government. The assistant commissioner has not recorded the statements of the parties. In the circumstances, the Order, Annexure-B passed by the assistant commissioner without holding an enquiry is illegal. The assistant commissioner has not recorded the statements of the parties. In the circumstances, the Order, Annexure-B passed by the assistant commissioner without holding an enquiry is illegal. ( 7 ) WHEN the Order Annexure-B passed by the assistant commissioner is illegal, the deputy commissioner ought not to have confirmed the same in the appeal as per annexure-a. Hence, the orders, annexures-a and b are liable to be quashed. ( 8 ) ACCORDINGLY, the petition is allowed. The orders, annexures-aand b are quashed. The case stands remitted to the assistant commissioner, hunsur sub-division, hunsur for disposal of the case afresh. ( 9 ) THE assistant commissioner is directed to issue notices to the parties, conduct the enquiry afresh, hear the parties, consider all the contentions of the parties and thereafter dispose of the case in accordance with law within three months from the date of receipt of this order. --- *** --- .