AMMINI NAYAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India challenging the order dated 14.05.2013 passed by the Assistant Commissioner vide Annexure-A and the order dated 02.07.2016 passed by the Deputy Commissioner vide Annexure-B.

(2.) The case of the petitioner is that the land bearing Sy.No.44/2 measuring 2 acres situated in Hongasandra Village, Begur Hobli, Bangalore South Taluk was granted in favour of Smt.Muniyamma. One Sri Kullappa, the foster son of Muniyamma executed a mortgaged deed in favour of Sri Papanna on 21.07.1960. The said Kullappa has executed a sale deed dated 03.10.1962 vide Annexure-E in favour of Sri Papanna. The said Papanna in turn executed a sale deed dated 11.05.1966 vide Annexure-F in favour of the petitioner.

(3.) The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the PTCL Act') came into force on 01.01.1979. The legal representatives of the original grantee filed an application in the year 2011 for resumption of the granted land in their favour under Sections 4 and 5 of the PTCL Act. The Assistant Commissioner, by order dated 14.05.2013 has allowed the application filed by the legal representatives of the original grantee and restored the land in their favour. Being aggrieved by the same, the petitioner herein filed an appeal before the Deputy Commissioner in Appeal No.8/13-14. The Deputy Commissioner, by order dated 02.07.2016 confirmed the order passed by the Assistant Commissioner. Being aggrieved by the same, the petitioner has filed this writ petition.