H.N. KONDAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court seeking for writ of certiorari to quash the orders passed by the 1st respondent in case No. K.SC/ST.114/2014-15 dated 29.02.2016 and order passed by the 2nd respondent in case No.K.SC/ST.43/2013-14 dated 18.12.2014.

(2.) The petitioner has claimed that the land bearing Survey No.19 of Thammenahalli Village, Dasanapura Hobli, Bangalore North Taluk was originally Gomal land and a substantial extent of the said land was granted in favour of the Ministry of Defence for various activities. Out of the balance, a small extent of land was granted in favour of certain unauthorized cultivators of the land. The subject land having been granted in favour of Sri Badrachar, Sri T. Ganganna and Smt. Dasamma, the petitioner negotiated with the said grantees and purchased the same on 10.07.1995 vide a registered Sale Deed.

(3.) Respondent No.4 filed an application before the 2nd respondent - Assistant Commissioner invoking the provision under Section 4(2) of the SC/ST Prevention of Transfer Of Certain Lands Act, 1989 (for short 'PTCL Act') and sought for resumption of land by declaring the above sale transaction as null and void. In pursuance of which, the Assistant Commissioner issued a notice under Section 3(3) of the PTCL Act, which was replied by the petitioner. The Assistant Commissioner however vide order dated 18.12.2014 has held the sale to be null and void and ordered for resumption of the land. The appeal filed before the 1st respondent came to be rejected by the 1st respondent vide its order dated 29.02.2016, it is aggrieved by the said rejection, the petitioner is before this Court contending that the 1st and the 2nd respondents have misapplied the law. Respondent Nos.4 and 5 could not have raised any claim over the land and seek for resumption after a long gap of time, the petitioner relies upon the decision of the Apex Court in the case of Nekkanti Rama Lakshmi vs State Of Karnataka and Another [2018] 1 Kar.L.J. 5 (SC).