KEMPAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed assailing the order dtd. 6/3/2021 passed by the learned Single Judge in W.P.No.55492/2017.

(2.) Heard the learned counsel for the appellant and also perused the material available on records.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this appeal are that, the land bearing survey No.1 (56/P8) measuring 4 acres of Mugabala Hosahalli Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural District was granted in favour of Sri Basappa on 4/3/1956 and the said Basappa sold the granted land in favour of Kenchappa under a registered sale deed dtd. 29/9/1957. The legal representatives of original grantee had filed an application before the Assistant Commissioner in the year 2003 under Sec. 5 of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'PTCL Act' for short) contending that the sale made by original grantee in favour of Kenchappa was hit by Sec. 4 of the Act. Accordingly, the applicant had prayed to restore the land which was the subject matter of the sale deed dtd. 29/9/1957, in favour of legal representatives of original grantee. The said application was rejected by the Assistant Commissioner on the ground that the applicant had not produced copy of grant certificate and also had not produced any document to show that they belonged to Scheduled Caste and Scheduled Tribe. The said order was upheld by the Deputy Commissioner in an appeal filed by the applicant. As against the said order, applicant had preferred W.P.No.55492/2017 before this Court. The learned Single Judge of this Court vide the impugned order dtd. 6/3/2021 has allowed the writ petition and having quashed the order passed by the Assistant Commissioner and Deputy Commissioner has remitted the matter to the Assistant Commissioner for fresh consideration of the application filed by the legal representative of original grantee under Sec. 5 of the PTCL Act for restoration of land in question. Being aggrieved by the said order the appellants who are the legal representatives of Kenchappa have preferred this appeal.