RAJU M. Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 23.01.2012 (Annexure-B) passed by the first respondent and the order dated 30.09.2011 (Annexure-A) passed by the second respondent, whereby the land has been restored in favour of the legal representative of the original grantee by allowing the application filed under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the PTCL Act').

(2.) The brief facts of the case is that the land bearing Sy.No.149 measuring 5 acres 6 guntas of Holebenavalli Village, Nidige Hobli, Shimoga Taluk was originally granted to grandfather of respondent Nos. 3 and 4 one Sri Chathra Naika by Government order dated 07.11.1952 under the Land Grant Rules. The original grantee sold 2 acres of land in favour of Smt.Bheemli Bai who is the grandmother of the petitioner, by a registered sale deed dated 07.06.1965. The PTCL Act came into force on 01.01.1979. The legal representative of the original grantee filed an application under Sections 4 and 5 of the PTCL Act on 30.01.1994 for restoration of the granted land in their favour. The Assistant Commissioner, after hearing the parties allowed the application by order dated 30.09.2011 and restored the land in favour of the legal representatives of the original grantee. Being aggrieved by the same, the petitioner herein filed an appeal before the Deputy Commissioner. The Deputy Commissioner by order dated 23.01.2012 dismissed the appeal confirming the order passed by the Assistant Commissioner. Being aggrieved by the same petitioner has filed this writ petition.

(3.) Sri S.V.Prakash, the learned counsel appearing for the petitioner contended that land was originally granted in favour of Chathra Naika on 07.11.1952. The said original grantee sold 2 acres of land in favour of the grandmother of the petitioner by a registered sale deed dated 07.06.1965. The PTCL Act came into force on 01.01.1979, the application for restoration of the land has been filed on 30.01.1994 and there is a delay of 15 years in filing the application. The application filed by the legal representative of the original grantee itself is not maintainable. In support of his case, he has relied on the judgment of the Hon'ble Apex Court in the case of NEKKANTI RAMA LAKSHMI vs. STATE OF KARNATAKA AND ANOTHER reported in 2017 SCC Online SC 1862. Hence, he sought for allowing the petition.