K T SHIVAPRAKASH Vs. DEPUTY COMMISSIONER, BANGALORE DISTRICT

JUDGEMENT

(1.) Though this writ petition is listed for preliminary hearing in 'B' group, with consent of learned counsel for the petitioner and learned High Court Government Pleader appearing for respondent Nos.1 and 2, it is heard finally.

(2.) Petitioner has assailed order dated 20/07/2012, passed by respondent No.1/Deputy Commissioner, Bangalore District, Bangalore, in SC.ST(A)234/2008-09 (Annexure-A). By that order respondent No.1/Deputy Commissioner has allowed the appeal filed by respondent Nos.3, 4 and Smt.Chowdamma, wife of Muniyappa and has directed that land bearing Old Sy.No.163, new No.123/P-2 (hereinafter referred to as "the land in question"), measuring 36 guntas, situated at Soolikunte Viilage, Varthur Hobli, Bangalore East Taluk, be resumed to the State Government free from all encumbrances and restored in favour of the original grantee or her legal heirs as the alienation made on 11/06/2004, under registered sale deed No.BAS.1.05852/2004-06 is null and void as it is in violation of Section 4(2) 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 convenience).

(3.) The relevant facts of the case are that, Smt.Chowdamma, wife of Muniyappa, was granted land in question under official memorandum bearing No.B.Dis.LND(3)SR 56/1978-79, dated 18/01/1979, passed by the Special Deputy Commissioner, Bangalore. The said grant was made on deposit of upset price or kimmath at the rate of Rs.1,500/- per acre. Annexure-B is the copy of the demand notice dated 16/03/1979 and on making of the said deposit by the grantee, Annexure-C grant certificate or Saguvali Chit, dated 03/07/1979 bearing certificate No.LND-U2-84-78-79 was issued by the Tahsildar, Bangalore South Taluk.