MUNIVENKATAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) W. A. No. 1788/09 and W. A. No. 3211-3215/09 are filed by the respondent Nos. 4(a) to (d), respondent Nos. 5(a) & (b) and respondent No.6 in the Writ Petition being aggrieved by the order passed in W.P. No.28016/04 dt. 24.2.2009, wherein the learned single Judge of this Court has declared that in view of the final notification issued on 30.08.1979 the lands stood vested with the State Government free from all encumbrances. Therefore, question of initiating proceedings under the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Properties) Act, 1978 (hereinafter called as 'PTCL Act' for brevity) would not arise. However, has given liberty to the petitioners to make application either for regularisation or re-conveyance or otherwise and same would be considered strictly in accordance with law and appropriate orders shall be passed therein.

(2.) W.A. Nos. 1769-1774/09 is filed by the petitioners in the said W.P. No.28016/04, wherein the learned single Judge has declined to grant the prayer sought for in the Writ Petition to quash the order passed by the Assistant Commissioner, Bangalore dt. 23.2.2004, order passed by the Assistant Commissioner, Bangalore North Division dt. 28.12.2001 and the order passed by the Deputy Commissioner, Bangalore district dt. 30.06.2004 in appeal confirming the order passed by the Assistant Commissioner.

(3.) W.P. Nos. 37849-851/09 have been filed by the legal representatives of original grantee- Sri Munivenkatappa contending that the alienation made in favour of G.S. Gurusiddaiah on 9.7.1976 was contrary to the conditions of the grant regarding non-alienation as alienation has been made during the prohibited period of alienation and seeking for restoration of land to them by declaring the sale as null and void. In the said Writ Petitions the petitioners sought for quashing of the order passed in the proceedings No.KSCT(N)/86/79-80 dt. 25.2.1980 passed by the second respondent-Assistant Commissioner, Bangalore Sub-Division, Bangalore and further to issue writ of mandamus to respondent No.2 to take necessary steps to implement his order dt. 25.2.1980 by clearing all obstacles that may arise in that behalf and grant such other relief/s as are deemed fit to grant under the facts and circumstances of the case.