MUNIYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal is filed against an order dtd. 8/12/2021 passed by the learned Single Judge in W.P. No.14903/2014, by which writ petition preferred by respondent Nos.4 to 16 has been allowed and order passed by the Assistant Commissioner and Deputy Commissioner under Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'PTCL Act' for short), have been set aside.

(2.) Facts giving rise to filing of this appeal briefly stated are that land bearing Sy. No.86 (old) Survey No.162 (new) measuring 1 acre and 37 guntas situate at Yennangur Village, Jangamkote Hobli, Shidlaghatta Taluk, Chikkaballapura District, was granted in favour of respondent No.4 on 25/5/1951. The respondent No.4 by a registered Sale Deed dtd. 14/4/1960 sold the land.

(3.) Thereafter, in the year 2008, an application under Ss. 4 and 5 of the PTCL Act was filed. The Assistant Commissioner by an order dtd. 29/8/2011 allowed the application filed by respondent No.4. The Deputy Commissioner by an order passed in appeal dtd. 23/12/2013 directed to restore possession of the land in question in favour of the State Government. The purchasers thereupon filed W.P. No.14903/2014. The learned Single Judge by an order dtd. 8/12/2021 set side the order passed by the Assistant Commissioner and the Deputy Commissioner and allowed the writ petition. In the aforesaid factual background, this appeal has been filed.