CHINNAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) SRI. Shivayogi Swamy, learned Government pleader is directed to take notice for respondent Nos. 1 and 2.

(2.) THE subject-matter of this writ petition is 2 acre 2 guntas of land in old survey No. 156 New No. 290 of Hulimangala village, Anekal taluk. According to the petitioner, the land in question was granted on 21.01.1946 in favour of his father by name Mallappa. THE original grantee belongs to Scheduled Caste community. THE original grantee, in violation of conditions of grant, sold the land in favour of one Krishnappa under a sale deed dated 22.05.1958. THE said Krishnappa sold the land in favour of another Krishnappa under a sale deed dated 21.03.1981. Further the said Krishnappa sold the land in question in favour of respondent No. 8 under a sale deed dated 2/3/1995. THE petitioner being the legal representative of the original grantee initiated proceedings before the jurisdictional Assistant Commissioner under the provisions of the Scheduled Castes, Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, (for short 'PTCL Act'). THE Assistant Commissioner vide order dated 12.06.2003 as per Annexure K rejected the claim of petitioner mainly on the ground that the original grant darkast records are not available in the taluk office. In appeal, the Deputy Commissioner confirmed the order of Assistant Commissioner under the impugned order dated 04.04.2007 - Annexure-L. Hence, this writ petition.

(3.) FOR the reasons stated above, the following. ORDER i. Writ petition is hereby allowed. ii. The impugned order dated 12/6/2003 - Annexure K passed by the Assistant Commissioner and the order dated 04.04.2007 - Annexure L passed by the Deputy Commissoner are hereby quashed. iii. The matter is remanded to the Assistant Commissioner, Bangalore South Sub-division, to reconsider the entire matter by rebuilding the records relating to the grant of land in question and to pass appropriated orders in accordance with law after providing an opportunity of hearing to both the parties. Petition allowed.