MANJUNATH Vs. MODEL FARM HOUSES PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner-Sri Manjunath S/o Muniyappa, the legal representative the original grantee belonging to the Scheduled Caste/Scheduled Tri category has challenged the impugned Order Annexure-B passed by Deputy Commissioner and District Magistrate, Bangalore Rural Distri Bangalore on 27-9-2016 in Appeal No. LND.SC/ST(A)60/2009-10 unc Sec. 5-A of the Karnataka Scheduled Castes and Scheduled Trit (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred as the 'PTCL Act' for short), filed by the purchaser M/s. Model Farm Hou: Private Limited against Sri Manjunatha and another.

(2.) The reasons assigned by the learned Deputy Commissioner in t impugned Order dated 27-9-2016 for allowing the appeal of the purchaser quoted below for ready reference:

(3.) The learned Counsel for the petitioner has urged before the Court that the earlier two Applications filed for resumption of the land in favour of the Legal Representatives of the Grantee were filed by the persons not authorised to do so and therefore, the Legal Representatives of the original Grantee are not estopped to challenge the sale made in favour of the non-Scheduled Caste/Scheduled Tribe category persons in violation of the conditions of grant and in violation of the statutory provisions of Sec. 4 of the PTCL Act.