K.SRIRAMAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra court appeal has been filed challenging the order dtd. 18/11/2021 passed by the learned Single Judge of this Court in W.P.No.52088/2019.

(2.) Heard the learned counsel for the parties and also perused the material available on record.

(3.) Brief facts leading to the filing of this appeal are, land bearing Sy.No.99, subsequently re-numbered as Sy.No.99/2 situated at Kiruwara Village, Kasaba Hobli, Srinivasapura Taluk, measuring 2 acres was granted to one Sri A.K.Muniga, who is the grandfather of the appellant herein under a grant order dtd. 12/5/1950. The original grantee had sold the said land in favour of respondent No.3 - K.V.Veerappa under a registered sale deed dtd. 25/4/1978. Subsequently, the legal representatives of the original grantee had filed an application before the Assistant Commissioner under Sec. 5 of the Karnataka Schedule Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL' Act) in the year 2007 for resumption of the said land. The said application was allowed by the Assistant Commissioner vide order dtd. 11/8/2016. He had directed to restore the possession of the land in question in favour of the original grantee. The said order was confirmed in appeal filed by the legal representatives of deceased K.V.Veerappa by the Deputy Commissioner. It is under these circumstances, the legal representatives of K.V.Veerappa filed writ petition in W.P.No.52088/2019 before this Court, which was allowed by the learned Single Judge vide the order impugned and being aggrieved by the same, respondent No.3 therein, who is the legal heir of original grantee has preferred this appeal.