G.NAGARAJU Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 04.11.2011 (Annexure-C) passed by the Deputy Commissioner, Tumakuru - first respondent herein, in Appeal No.PTCL.12/ 2005-2006, confirming the order passed in Appeal No.PTCL.17/2004-05 disposed of on 19.07.2001.

(2.) The case of the petitioner is that the land bearing Sy.No.131 measuring 4 acres situated in Talekoppa Village, Cholur Hobli, Gubbi Taluk was originally granted in favour of one Narasaiah on 12.08.1963 under the Land Grant Rules with a condition of non-alienation, for a period of 15 years. The third respondent, who is the son of the original grantee, has sold the said land in favour of the petitioner by a registered sale deed dated 20.01.1994 (Annexure-A). Thereafter, the third respondent has filed an application before the Assistant Commissioner for restoration of the land 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'). After hearing the pvies, the Assistant Commissioner allowed the petition filed by the legal representative of the original grantee by an order on 28.10.2004 (Annexure-B). Being aggrieved by the same, the petitioner herein has challenged the same before the Deputy Commissioner. The Deputy Commissioner by order dated 04.12.2004 remanded the matter back to the Assistant Commissioner for fresh consideration. After the remand of the matter by the Deputy Commissioner, the Assistant Commissioner passed an order on 19.07.2005 allowing the application filed by the legal representative of the original grantee. Being aggrieved by the same, the petitioner herein has filed an appeal before the Deputy Commissioner, Tumakuru District in Appeal No.12/05-06. The Deputy Commissioner, by order dated 04.11.2011 dismissed the appeal filed by the petitioner confirming the order passed by the Assistant Commissioner dated 19.07.2005. Being aggrieved by the same petitioner has filed this writ petition.

(3.) Sri G.M.Sharathkumar, the learned counsel appearing for the petitioner contended that land was originally granted to Narasaiah on 12.08.1963. The land has been granted with a condition of non-alienation for a period of 15 years. Son of original grantee has sold the land in favour of the petitioner on 20.01.1994 after non-alienation period of 15 years. The second respondent, without considering this aspect of the matter restored the land in favour of the third respondent. He has contended that the PTCL Act came into force on 01.01.1979. The land has been sold on 20.01.1994. The application for restoration has been filed in the year 2003. Therefore, there is a delay of more than nine years and in view of the law laid down by 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, the application filed by the third respondent itself is not maintainable.