CHANNAVVA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners, who claim to be the purchasers of the land in question have approached this Court with a prayer to quash the order dtd. 16/9/2022 bearing No.PTCL / RA / CR-01 / 2022-23 passed by the 1st respondent vide Annexure - G.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition are, the petitioners claim to have purchased the land bearing R.S. No.758/3 measuring 3 acres 10 guntas situated at Ranebennur under a registered sale deed dtd. 13/8/1984. It is their case pursuant to the said sale deed, the entries in the revenue records of the land in question were mutated in their name. When the matter stood thus, in the year 2013, an application was filed by respondent Nos.3 to 6 under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as "Act of 1978") seeking resumption of the land in question on the ground that the sale deed dtd. 13/8/1984 was hit by Sec. 4 of the Act of 1978. The Assistant Commissioner before whom the application under Sec. 5 of the Act of 1978 was filed had allowed the said application and having declared the sale deed dtd. 13/8/1984 as null and void had directed resumption of the land in question in favour of the applicants. Being aggrieved by the said order passed by the Assistant Commissioner dtd. 23/8/2022, the petitioners had filed an appeal as provided under Sec. 5A of the Act of 1978 before the Deputy Commissioner. In the said appeal, the Deputy Commissioner had initially passed an order of interim stay on 5/9/2022. Thereafter, on the application filed by the contesting private respondents herein, the said interim order was vacated by the Deputy Commissioner vide the order impugned. Being aggrieved by the same, the petitioners are before this Court.