NAGALINGAPPA Vs. DEPUTY COMMISSIONER,SHIMOGA DISTRICT

JUDGEMENT

(1.) This writ petition is filed impugning the judgment passed by respondent No.1-Deputy Commissioner, Shimoga District, in case No.SC/ST.62/86-87 (Annexure 'C' to the writ petition) dtd. 20/9/2010, confirming the order dtd. 14/3/1986 passed by respondent No.2-Assistant Commissioner, Sagar sub-division, Sagar, in case No.PTCL/CR/325 and 326/79-80 (Annexure 'A' to the writ petition), in so far as it pertains to the petitioner's land measuring 02 Acres in Sy. No.91 block No.3 situate in Gogga village, Shikaripura Taluk, Shimoga District.

(2.) The short point for consideration in this writ petition is whether a leasehold right in respect of a land given to a person belonging to Scheduled Caste or Scheduled Tribe can be considered as a grant under Sec. 3(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'PTCL Act').

(3.) Admittedly, the land in Sy. No.91, block No.3 situate in Gogga village, Shikaripura Taluk, Shimoga District, measuring 5 Acres, was leased in favour of Lachmappa @ Barmappa, the grandfather of respondent No.3 herein under "Grow More Food Scheme". After the demise of the said Lachmappa, his wife Smt.Bheemakka, and her son, Manjappa, who was then a minor and represented by his natural guardian - mother, sold an extent of 2 Acres out of 5 Acres of land in favour of Deveerappa, son of Siddappa through a registered sale deed dtd. 21/12/1962. The aforesaid extent of 2 Acres of land is said to have been purchased by the father of the petitioner herein from the said Deveerappa on 19/6/1963. Smt. Bheemakka is said to have sold another 01 Acre of land out of 05 Acres in favour of K. Halasiddppa @ Haleshappa, son of Hanumanthappa.