M.SRINIVASA Vs. DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT

JUDGEMENT

(1.) This appeal takes exception to the impugned judgment and order dated 28th August 2019 passed by the learned Single Judge in W.P.No.47423/2017, whereby the writ petition filed by the appellant has been dismissed.

(2.) The appellant claiming to be the nephew of the original grantee one Muniyappa, initiated proceedings under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL Act' ) for restoration of the land bearing Sy.No.3/8 measuring 2 situated at Palya village, Kasaba Hobli, Devanahalli taluk, Bangalore Rural District, hereinafter referred to as a 'schedule property'. It was his specific contention that the schedule property was granted to his uncle Muniyappa who belonged to the SC/ST community on 19.02.1973 subject to the condition that the grantee shall not alienate the property. It was also contended that the said grantee sold the schedule property vide sale deed dated 18th May 1973. Subsequently, after several alienations, the schedule property was ultimately sold in favour of the fourth respondent in the year 2005.

(3.) The appellant has further contended that he initiated the proceedings in the year 2013 before the Assistant Commissioner for restoration of the schedule property by seeking nullification of the sale deeds as being violative of the provisions of the PTCL Act. The Assistant Commissioner having allowed the said petition vide order dated 14th September 2016, the fourth respondent herein preferred an appeal before the Deputy Commissioner who allowed the same by order dated 21st August 2017, which was challenged by the appellant herein before the learned Single Judge.