KARAPPAN GOWNDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners challenging the order dated 06.03.2018 passed by the Deputy Commissioner, Mysore District, vide Annexure-A whereby, the Deputy Commissioner allowed the application filed by respondent No.4 before the Assistant Commissioner under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (PTCL Act for short).

(2.) Heard the arguments of learned counsel for the petitioners and learned counsel for respondent No.4 as well as learned High Court Government Pleader for respondent Nos.1 to R.3.

(3.) The case of the petitioners is that respondent No.4, legal heir of the original grantee filed an application under Section 5(1) of the PTCL Act before the Assistant Commissioner, Hunsur, for restoration of the land in Sy.No.52/12 (new Sy.No.360) measuring 4 acres situated at H.D.Kote, Mysore District, which was granted to his father vide land grant order dated 13.06.1953. It is further alleged that his father sold a portion of the granted land measuring 2 acres on 27.04.1964 in favour Thimmamma, the grandmother of respondent Nos.5 and 6. Subsequently, the remaining portion of the land was sold by his father on 24.04.1967 in favour of Mohammed Hussain, the father of respondent Nos.7 to 11. Subsequently, those two purchasers said to have sold the said the land to the petitioners on 30.05.1986 and 03.01.1990. In view of the commencement of PTCL Act with effect from 01.01.1979, the Assistant Commissioner after hearing the arguments dismissed the application by order dated 14.12.2011 holding that the purchasers have perfected their title by way of adverse possession. Assailing the order of the Assistant Commissioner, respondent No.4, the legal heir of the grantee filed an appeal before the Deputy Commissioner. After considering the arguments, the Deputy Commissioner allowed the appeal and restored the land in question by nullifying the sale deeds of the petitioners as hit by Section 4(1) of the PTCL Act vide judgment dated 06.03.2018. Assailing the same, the petitioners are before this Court by way of this writ petition.