MUNIAKKAYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Land bearing Sy.No.74 of Bandikodige halli, Jala Hobli, Bengaluru North Taluk measuring 4 acres was granted in favour of late Smt. Muniakkayamma ie., the mother of the first petitioner and grand mother of other petitioners free of cost by grant order dated 12.04.1961. One of the condition imposed in the grant order was that the grantee should not alienate the land in question for a period of 15 years.

(2.) Petitioner states that Muniakkayamma was an illiterate person and belonged to Schedule Caste category. Petitioner further states that Muniakkayamma sold the land in question in favour of the 5th respondent by executing registered sale deed dated 27.06.1966 which was in violation of the grant order as the sale was made within 15 years from the date of grant. Thereafter, 6th respondent got a registered sale deed executed in her favour by 5th respondent and also Muniakkayamma on 13.12.1978. The 6th respondent in turn sold the land in favour of 7th respondent vide two registered sale deeds dated 04.09.1995. The 7th respondent in turn sold the land by executing registered sale deed dated 01.07.2005 in favour of 8th respondent.

(3.) Petitioners filed an application in 2005 under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer Certain Lands) Act, 1978 (for short "the PTCL Act") for resumption and restitution of the granted land in their favour before the 3rd respondent. 3rd respondent by order dated 19.01.1999 dismissed the application for resumption and restitution holding that the granted land was alienated after the period of 15 years from the date of grant and the same was not in violation of the grant order or the provisions of PTCL Act.