JAYALAKSHMAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by the purchaser assailing the concurrent orders passed by the authorities in allowing the application seeking resumption of land and consequently, sale deed dtd. 4/12/1995, executed by Munivenkatappa, son of original grantee namely Chinthana in favour of petitioner, is declared to be null and void and consequently, restoration is ordered.

(2.) The subject matter of the captioned petition is agricultural land bearing Sy.No.132 corresponding New No.189. Respondent No.4 who is the grandson of original grantee Chinthana S/o Muniga filed an application seeking resumption of the land in question by contending that the land in question was granted to his grandfather Chinthana. The respondent No.3-Assistant Commissioner and respondent No.2-Deputy Commissioner by referring to the grant order dtd. 4/3/1932 have come to conclusion that sale by the son of original grantee and father of respondent No.4 on 4/12/1995 is in contravention of provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") and therefore, alleging contravention under Sec. 4(1) of PTCL Act, an application is filed seeking resumption.

(3.) This Court vide order dtd. 25/4/2016 directed learned HCGP to secure original records. On the said date, learned counsel appearing for the petitioner also brought to the notice of the Court that 1995 transaction is not the first transaction and in fact original grantee during his lifetime alienated the land in question way back in 1949. Therefore, the matter was adjourned to enable the petitioner to place on record copy of sale deed of the year 1949. The petitioner by way of memo has placed on record certified copy of sale deed dtd. 1/3/1949.