M. LINGAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Aggrieved by the order dated 01.12.2012 passed by respondent No.1 in Case No.PTCL 01/2011 (7/2009) at Annexure-H and the order dated 20.03.2009 passed by respondent No.2 in Case No.PTCL 9/2000-01 at Annexure- E, the petitioners have preferred this writ petition.

(2.) The petitioners purchased the property measuring about 1 acre in Sy.No.26 of Mayappanahalli Village, Basaralu Hobli, Mandya Taluk and district, by way of registered sale deed dated 22.03.1971. (hereinafter referred to as 'the said property'). The said property was granted in the year 1941 to one Bettaiah who belongs to Scheduled Caste. The saguvali chit was issued on 30.06.1942. The total land measured to an extent of 2 acres. The grantee along with his children sold 1 acre of land in favour of the petitioners by way of registered sale deed dated 22.03.1971.

(3.) Thereafter, the legal heirs of original grantee made an application before respondent No.2 on 07.11.2000 for restoration of the land under Section 4 read with Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act'), on the ground that the sale was made in violation of provisions of Section 4 of Act. Respondent No.2 allowed the application against which the father of the petitioners preferred an appeal before respondent No.1 and the appeal is been dismissed. Aggrieved by the same, this writ petition is preferred.