MANJUNATH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner who is the purchaser of the land bearing survey No.74/1 measuring 8 acre 16 guntas has approached this Court in the instant writ petition with a prayer to question order in Annexure-L dtd. 27/3/2023 passed by respondent No.1 in proceedings bearing No.PTCL 05/2022.

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

(3.) Facts leading to filing of this petition narrated briefly are, the land in question was granted to the grand father of the respondent No.3 viz. Hanuma Tippan Vaddar in the year 1942. The original grantee died on 8/11/1984. After his death his legal representatives including the 3rd respondent herein, had sold the land in question in favour of the 4th respondent under a registered sale deed dtd. 6/5/1991. The petitioner had purchased the land in question from the 4th respondent on 19/6/2000. The 3rd respondent had filed an application under Sec. 5 of the Karnataka Schedule Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act of 1978') seeking resumption of the land in question on the ground that the sale was hit by the provisions of Act of 1978. An application filed by the 3rd respondent was dismissed by the Assistant commissioner vide order dtd. 24/8/2020 on the ground of delay and laches. The appeal filed by the 3rd respondent against the said order before the Deputy Commissioner under Sec. 5A of the Act 1978 was allowed and the Deputy Commissioner having set aside the order passed by the Assistant Commissioner has held that the land has been vested with the State Government and accordingly had directed concerned authorities to make necessary entries in the revenue records of the land in question. Being aggrieved by the same, petitioner is before this Court.