BASAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners being aggrieved by the order dtd. 1/4/2008 passed by respondent No.3 vide Annexure -E and also order dtd. 15/3/2012 passed by respondent No.2 vide Annexure-F have filed this writ petition.

(2.) Brief facts leading to filing of this writ petition are as under: The land bearing survey No.50/1 measuring 6 acres situated at Kudurugere Village, Jala Hobli, Bengaluru North Taluk. The said land was granted to grandfather of respondent No.4. The said land was sold in favour of Sheshagiri Rao and Lakshminarasimha under registered sale deed dtd. 1/12/1960. The said persons have sold the land in favour of Kalamma W/o Kalappa under registered sale deed dtd. 12/3/1970. The said Kalamma in turn sold the land in favour of B P Shanthappa under registered sale deed dtd. 26/6/1972. The petitioners are wife and children of said B R Shanthappa. B.P. Shanthappa died on 26/1/2012 leaving behind the petitioners as his legal heirs. After demise of B.P. Shanthappa, the petitioners have succeeded to the property and the name of the petitioners were entered in the revenue records. Respondent No.4 filed application under Sec. 5 of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978 (hereinafter referred to as 'PTCL Act' for short), alleging that sale transaction is contrary to Sec. 4 of PTCL Act and prayed to cancel the registered sale deed and to restore the possession of the land in question in favour of respondent Nos. 3 and 4. Respondent No.3, after due enquiry allowed the application filed by respondent No.4. The petitioners being aggrieved by the order passed by respondent No.3 preferred appeal before the respondent No.2. Respondent No.2 dismissed the appeal filed by the petitioners. Hence, the petitioners filed this writ petition.

(3.) Heard learned counsel for the petitioners, learned counsel for respondent No.4 and learned High Court Government Pleader.