THIMMAIAH Vs. DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THE concurrent findings of the Deputy Commissioner, Mandya in Case No. PTCL 13/2006 dated 30th June, 2009 and confirmed by the learned Single Judge in W.P. No. 26773/2009 dated 10th September, 2012 are called in question in this appeal. Heard the learned counsel appearing for the appellant.

(2.) THE appellant's father was granted 4 acres 4 guntas of land in Sy. No. 36 of Anchebeeranahalli village, Kikkeri Hobli, K.R. Pet Taluk, Mandya District on upset price on 03.02.1960. The upset price was paid by him and he was put in possession. Out of 4 acres 4 guntas, 2 acres of land was sold by his father to respondents 3 to 7 under a registered sale deed dated 10th August 1970. Remaining extent of land is still in possession of the appellant. Contending that there is a violation of the order of grant in alienating the property in favour of respondents 3 to 7, the appellant initiated proceedings before the Assistant Commissioner, Pandavapura in PTCL 14/2001 -02. The Assistant Commissioner holding that the appellant's father was prohibited to alienate the property for a period of 20 years, allowed the application filed by the appellant and an order of resumption was passed. Aggrieved by the same, respondents 3 to 7 filed an appeal before the Deputy Commissioner, Mandya in PTCL 13/2006.

(3.) AGGRIEVED by the order of the Deputy Commissioner, Mandya, a writ petition came to be filed. The learned Single Judge having examined the relevant rules prevailing on the date of the grant, came to the conclusion that there was a restriction for alienation only for a period of 10 years. Accordingly, the writ petition came to be dismissed. Challenging the concurrent findings of the Deputy Commissioner and the learned Single Judge, the present appeal is filed.