MUNIYAMMA Vs. SPECIAL DEPUTY COMMISSIONER, BENGALURU DISTRICT, B

JUDGEMENT

(1.) Applications for impleadment have been filed by the impleading applicants and to the same, statement of objections have been filed by the petitioners. As there are office objections therein, the same has been returned. In the circumstances, the matter is listed with regard to consideration of the applications for impleadment.

(2.) Learned counsel for the petitioners submits that the impleading applicants have not assailed impugned order of the Spl. Deputy Commissioner dated 14.09.2009, whereas the petitioners who claim to be the legal representatives of the deceased grantee Sri Badagiyappa @ Muni Badagiyappa have challenged the direction of the Deputy Commissioner to resume the land to the Government free from all encumbrances, so as to vest the same with the Government. He further submits that, in the circumstances, the impleading applications may not be entertained.

(3.) Be that as it may, it is noted that, in the instant case, the petitioners who claim to be the legal representatives of deceased Sri Badagiyappa @ Muni Badagiyappa who was the grantee have assailed order of the Assistant Commissioner dated 31.08.2002 (Annexure-A) as well as that of the Deputy Commissioner dated 14.09.2009 (Annexure-B) who is arraigned as respondent No.1, insofar as direction being issued to restore the land in question to the Government by exercising power under Section 5(1)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'PTCL Act' for the sake of brevity) and not to the legal representatives of the grantee.