S M RAJAGOPAL Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned HCGP for respondent-State and learned counsel for respondent no.3.

(2.) The petitioner is before this Court praying for issuance of a writ of certiorari and quash the order dated 9.7.2015 vide Annexure-A passed by the 1st respondent and also the order dated 1.4.2013 vide Annexure-B passed by the second respondent, whereby the Asst. Commissioner has held that petitioner herein do not derive any right, title and interest over the land in question by virtue of sale deed dated 27.1988 in view of the provisions of Section 4(1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short).

(3.) The brief facts are that; the respondent no.3 preferred an application under Section 5 of the PTCL Act, praying for resumption of land comprised in Sy.No.109 of Sathanur Village, Jala Hobli, Bangalore North Taluk, on the premise that the original grantee belonged to the depressed classes and is the beneficiary of a free grant, dated 9.6.1934. That a non-alienation clause of 20 years was incorporated in the Saguvali Chit, which was issued in 1956. That the grantee alienated the land on 2.9.1971 in favour of the predecessor in title of the petitioner herein. Thereafter, there was a second sale in the year 1973 and the lands came into the hands of the petitioner under the sale deed dated 27.2.1988. It is an admitted fact that none of the sale transactions have been called in question in any other proceeding either by the grantee or the legal heirs and the first step initiated in this regard is in the year 2011.