A.K.CHIKKAVEERAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Paper publication was taken out as permitted by this Court and consequently, learned Counsel Sri.Shravanth Arya Tandra has entered appearance for respondents No.4 and 5.

(2.) This is another case where the action of the revenue authorities in considering an application seeking permission in terms of Sec. 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as PTCL Act, for short), throwing all guidelines and circulars issued by the State Government to wind is exemplified and granting permission to persons who claim to be Power of Attorney Holder of the original grantee is brought to the notice of this Court.

(3.) The admitted facts are that 3 acres 10 guntas of land in Sy.No.33/1 of Chikkathethamangala Village, Vijayapura Hobli, Devanahalli Taluk, Bengaluru Rural District, was granted in favour of the 1st petitioner-Sri.A.K.Chikkaveerappa on 9/5/1978. The 1st petitioner executed a General Power of Attorney dtd. 7/4/2005 in favour of the 5th respondent-Sri.G.R.Prasad, empowering him to take care of the granted land including power to sell or transfer the property in favour any other person. The Power of Attorney is registered in the office of Sub-Registrar, Devanahalli on 7/4/2005. In the schedule of the General Power of Attorney, only 1 acre of land out of 3 acres 10 guntas is the subject matter of the Power of Attorney. Thereafter, it appears that the said Power of Attorney Holder approached the State Government seeking permission to sell the property in terms of Sec. 4(2) of the PTCL Act. The State Government is said to have communicated to the Deputy Commissioner on 24/1/2006 permitting the original grantee Sri.A.K.Chikkaveerappa to sell the property in favour of Munianjanappa S/o Munishamappa, under certain conditions. In the meanwhile, the 1st petitioner-original grantee executed a partition deed between himself and his two sons viz., the 2nd and 3rd petitioners herein and registered the partition deed dtd. 16/3/2006 in the office of Sub-Registrar, Devanahalli. In terms of the partition deed Sri.A.K.Chikkaverappa was allotted 10 guntas of land, while 1 acre 20 guntas each were allotted to the share of the two sons.