SRINIVAS MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ appeal is filed challenging the order dated 12.01.2021 passed by the learned Single Judge of this Court in W.P.No.5604/2018 (Sri Srinivas Murthy, since dead by his LRs Vs State of Karnataka & others).

(2.) For the sake of convenience, the parties are referred to as per their rankings in the writ petition.

(3.) Brief facts of the case are, one Mugappa was granted 3 acres of land in Sy. No.10/P60 situated at Balajigapade village, Nandi Hobli, Chikkaballapura Taluk (hereinafter referred to as 'the land in question'), on 29.10.1977. The saguvali chit in respect of the granted land in question was issued to the original grantee on 18.06.1984. As per the grant condition, there was a non-alienation clause for a period of 15 years in respect of the land in question. In violation of the same, the land in question was sold by the original grantee under a registered sale deed dated 14.08.1989 in favour of T.Nagabhushana. The said T.Nagabhushana, subsequently under a registered sale deed dated 05.02.1991 sold the land in question in favour of Sri Srinivas Murthy. The respondents 3 & 4 who are the wife and son of the original grantee - Mugappa, in the year 2006 filed an application for resumption and restoration of the land in question in their favour contending that the sale made by the original grantee dated 14.09.1989 was hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'PTCL Act'). Respondent no.2 - Assistant Commissioner allowed the said application filed by respondents 3 & 4 vide order dated 04.03.2011 which was confirmed by respondent no.2 - Deputy Commissioner by his order dated 23.12.2013. Being aggrieved by the same, the legal representatives of the subsequent purchaser - Srinivas Murthy approached this Court by filing W.P.No.5604/2018, which was dismissed by the learned Single Judge by the order impugned herein.