RAMAKRISHNA GOUDA, S/O. LATE SANNA KONARIGOUDA (SINCE DECEASED REPRESENTED BY L.RS. NEELAMMA Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA AMBEDKAR STREET BANGALORE 560001 AND OTHERS

JUDGEMENT

(1.) THESE two writ petitions are directed against the common order dated 7 -9 -2009, passed by the Deputy Commissioner, Hassan district, Hassan, in exercise of his appellate jurisdiction under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act] disposing of four PTCL appeals together in proceedings No. PTCL 4, 5, 6 and 7 of 2004 -05.

(2.) WHILE PTCL Appeal Nos. 4 and 5, which were at the instance of the original grantee or legal heirs of original grantee against, the order of the Assistant Commissioner for a limited purpose of getting over the restoration of the land by way of re -grant as ordered by the Assistant -Commissioner and though these two appeals were also dismissed, the Deputy Commissioner has modified the order passed by the Assistant Commissioner in so far as it related to Sy No. 84 of B Chowdenahally village, Bagur hobli, Channarayapatria taluk in Hassan district, which actually measures an extent of 4 acres, but had been wrongly described as 2 acres, as in the other case.

(3.) THE entire extent in two -survey numbers had been purchased by the Petitioners - Ramakrishne Gowda, his brother Rangegowda arid his wife Smt Jayamma under four sale transactions, one dated 10 -10 -1993, for an extent of 1 acres 8 1/2 guntas, another sale transaction dated 11 -10 -1993 for 1 acres 8 1/2 guntas, making up to 2 acres 17 guntas of land in Sy No. 22 of the very village and two. mere sale transactions dated 17 -11 -1990 in respect of an extent of 2 acres each, to make up four acres of land in Sy No. 84, and the Assistant Commissioner having opined that all sale transactions are voided for being in violation of Section 4(2) of the Act for want of prior permission, as all sale transactions in respect of the granted land were after the Act coming into force.