MUNNAIAH Vs. DEPUTY COMMISSIONER BANGALORE

JUDGEMENT

(1.) The reference to this bench emanates from order dated 19.05.2021 passed by the learned Single Judge. The factual backdrop in which the reference has been made to this Bench needs mention.

(2.) The petitioners are the persons belonging to the schedule caste and lineal descendants of Late Konda alias Kondappa, namely father of petitioner Nos.13 and 14 and grandfather of remaining respondents. Aforesaid Late Konda was granted land bearing Survey No.45 measuring 5 acres and 3 guntas situate at Village Meenukunte, Jala Hobli, Devanahalli Taluk, vide Government Order dated 31.12.1927. The order of grant contained a condition with regard to nonalienation of land. On death of aforesaid Shri Konda, the land devolved on the petitioners. The respondent No.3 purchased the lands in question vide five registered sale deeds dated 31.10.1996 from the petitioners without obtaining prior permission from the Government under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as PTCL Act ).

(3.) The petitioner No.1 filed an application before the Assistant Commissioner under Section 5 of the PTCL Act for restoration of the land. The Assistant Commissioner by an order dated 10.06.2008 held the sale deeds executed in favour of respondent No.3 as null and void and directed restoration of land in favour of the petitioners. The respondent No.3 thereupon filed an appeal before the Deputy Commissioner against order dated 10.06.2008, the Deputy Commissioner by an order dated 04.08.2010 inter alia held that the order of grant does not carry any restriction of alienation and the land in question was granted to predecessor of the petitioners, accordingly the appeal was allowed. The petitioner No.1 challenged the aforesaid order in a writ petition, which was decided by an order dated 28.01.2013 and the matter was remitted to the Assistant Commissioner for decision afresh as the nature of grant, date of grant and conditions of grant are to be verified. The Assistant Commissioner thereafter, by an order dated 06.04.2015 dismissed the application for restoration submitted by the petitioners. The petitioner preferred an appeal before the Deputy Commissioner who by an order dated 07.10.2016 dismissed the appeal. The aforesaid orders are challenged by the petitioners in this writ petition.