SHARADAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The land bearing Sy.No.6/31 measuring 1 acre 38 guntas situated in Bharatawadi Village, Hunsur Taluk, Mysore District was granted to the father of the respondent No.3 vide grant certificate dtd. 31/8/1978 in Form No.1 for upset price of Rs.42.10 paise. The father of the respondent No.3 sold the subject land in favour of the petitioner by executing the registered sale deed dtd. 16/1/1992 and in pursuance of the same, the name of the petitioner was mutated in the revenue records in respect of the said land.

(2.) Such being the case, the respondent No.3 filed an application under Sec. 5 of the Karnataka SC-ST (PTCL) Act, 1978 for resumption and restoration of the land before the Assistant Commissioner concerned in 2001-2002. The Assistant Commissioner concerned held that the sale deed executed in favour of the petitioner is null and void and resumed the said land with the Government against which the respondent No.3 filed an appeal under Sec. 5A of the Karnataka SC-ST (PTCL) Act, before the respondent No.1-Deputy Commissioner concerned. The Deputy Commissioner concerned remanded the matter to the respondent No.2-Assistant Commissioner for considering the application submitted by the respondent No.3 afresh. Hence, this petition.

(3.) The learned counsel appearing for the petitioner submits that the subject land was purchased by the father of the respondent No.3 in public auction for upset price of Rs.42.10 paise and as such the land which was purchased by the father of the respondent No.3 is not a granted land as defined under the provision of the PTCL Act. Hence, he submits that the proceedings initiated under Sec. 5 of the PTCL Act is one without authority of law. In support, reliance is placed on the decision of the Hon'ble Supreme Court in the case of B.K. Muniraju -vs- State of Karnataka and Others, reported in AIR 2008 SC 1438.