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2019 Supreme(Kar) 1388

S.R.KRISHNA KUMAR, ABHAY S.OKA
Narayanaswamy S/o Late Sri. Muniyappa – Appellant
Versus
District Commissioner Bengaluru Urban District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. B.N. Suresh Babu.
For the Respondents: Sri. Vikaram Huilgol, Sri. B. Chethan.

JUDGMENT :

S.R. KRISHNA KUMAR, J.

1. This appeal takes exception to the impugned judgment and order dated 14th August 2019 passed by the learned Single Judge in W.P. No. 31117/2019, whereby the writ petition filed by the appellant and the sixth respondent has been dismissed.

2. The appellant and the sixth respondent claiming to be the legal representatives of the original grantee initiated the proceedings under Section 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. 151 measuring 4 acres 9 guntas situated at Hosahalli village, Jala Hobli, Bangalore North taluk, hereinafter referred to as a schedule property. It was their specific contention that the schedule property was granted to one Thimmappa @ Thimmaiah, who belonged to the SC/ST community on 24th September 1941 subject to the condition that the grantee shall not alienate the land forever. It is also contended that the said grantee sold the schedule property vide sale deeds dated 29th March 1966 and 12th January 1972. Subsequently, the schedule property was sold in favour of the third to fifth

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