NARASIMHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present writ appeal arising out of the order dated 04.03.2020 passed by the learned Single Judge in WP.No.55933/2017 [Sri Narasimhappa vs. State of Karnataka].

(2.) The facts of the case reveal that the land bearing Sy.No.46/5 measuring 2 acres 3 guntas situated at Chatnalli Village, Honnalli Taluk, Davanagere District was granted in favour of one Kenchappa in the year 1963. The land was sold by the original grantee in favour of Channabasappa, S/o.Ramappa through a registered sale deed dated 20.01.1985.

(3.) The Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred in short as 'the PTCL Act') came into force on 01.01.1979 and an application was preferred by the legal representative of the original grantee under Sections 4 and 5 of the PTCL Act for resumption of land before the Assistant Commissioner. The Assistant Commissioner by an order dated 23.06.2010 has allowed the application resuming the land in favour of the legal representative of the original grantee. Thereafter, an appeal was preferred before the Deputy Commissioner under Section 5-A of the PTCL Act challenging the order passed by the Assistant Commissioner. The Deputy Commissioner by an order dated 27.04.2012 has allowed the appeal and remanded the matter back to the Assistant Commissioner for fresh consideration in accordance with law. The Assistant Commissioner, after the remand, by an order dated 16.07.2016 has again allowed the application and resumed the land in favour of the legal representative of the original grantee.