T.M.MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for respondent Nos.1 to 3. Learned counsel for respondent Nos.4 and 5 is absent.

(2.) One Munipoojappa was allotted 3-00 acres of land in Survey No.10, Block No.20, New Survey No.30 situated at Barlahalli village, Kasaba Hobli, Sidlagatta Taluk on 23.08.1977. He belonged to Scheduled Caste. Respondent Nos.4 and 5 are his legal heirs. The said Munipoojappa first alienated the property on 07.06.1993 in favour of the petitioner. The Non-alienation period was for a period of 15 years from the date of grant and the said grant thereby is violated under Section 4(1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'PTCL Act'). Further, he did not obtain the necessary permission as contemplated under Section 4(2) of the PTCL Act. After the death of Munipoojappa, respondent Nos.4 and 5 claiming to be the legal heirs of original grantee made an application under Sections 4 and 5 of the PTCL Act for restoration and resumption of land granted to Munipoojappa and re-allotting the same in their favour before respondent No.3 in the year 2006. Respondent No.3 was pleased to allow the application filed by respondent Nos.4 and 5 and ordered for resumption and restoration of land in question in favour of respondent Nos.4 and 5 on 29.08.2012.

(3.) Aggrieved by the same, the petitioner filed an appeal before respondent No.2 which was dismissed.