INDIUM DEVELOPMENTS PVT. LTD. Vs. CHENNAMMA AND ORS.

JUDGEMENT

(1.) PETITION is filed seeking quashing of the order dated 4.9.2006 -annexure J passed by the Assistant Commissioner, Ramanagara resuming the land in favour of the 1st respondent and also the order dated 30.6.2010 - annexure M passed by the Deputy Commissioner dismissing the appeal, confirming the order of the Assistant Commissioner and to dismiss the appeal as not maintainable.

(2.) ACCORDING to the petitioners, it is a registered company carrying on the business in infra structure development. One Munichenna, the father of 1st respondent filed an application 430/29 -30 before the concerned authority in the year 1929 -30 under the Scheduled Caste and Scheduled Tribes Rules for grant of land in Sy. No. 77 measuring about 4.06 acres situate at Hejjala Village. His brother Chenna S/o. Chenna also filed another application for the same purpose which was also numbered as 430/29 -30. After due inquiry by the competent authority, the application was allowed by order dated 13.11.1935 with a non -alienation clause for a period of twenty years. After completion of the period of non -alienation, in the year 1964 Channa S/o. Channa alienated the property to an extent of 3.36 acres under a registered sale deed on 16.4.1964 to one Narayanappa S/o. Munilingaiah/2nd respondent and thereafter, the land has changed several hands. Later, the name of one Govindappa S/o. Thimmaiah to the extent to 20 guntas in Sy. No. 77/1 was mutated in No. 13/96 -97 who got the said land converted for non -agricultural residential purpose from the Deputy Commissioner, Bangalore Rural District on 23.5.2006. Thereafter under the sale deed dated 26.5.2006 land was sold to the petitioner in the Sub -Registrar's Office, Ramanagara.

(3.) THE stand of the 1st respondent was that the property which was sold was contrary to the provisions of the P.T.C.L. Act. As such, land has to be resumed and handed over to the 1st respondent. It transpires that the original grant is of the year 1935. The non -alienation clause provided is for a period of twenty years. The property is sold during April 1964 and the subsequent sale also is during 1995 -96, 2006, etc. Thereafter, the land was got converted for non -agriculture purpose by the order of the Deputy Commissioner. The contention raised by the 1st respondent before the Assistant Commissioner is, land has to be resumed as per the P.T.C.L. Act.