JUDGMENT

1. This writ petition is filed challenging the order dated 23.01.2012 (Annexure-B) passed by the first respondent and the order dated 30.09.2011 (Annexure-A) passed by the second respondent, whereby the land has been restored in favour of the legal representative of the original grantee by allowing the application filed 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).

2. The brief facts of the case is that the land bearing Sy.No.149 measuring 5 acres 6 guntas of Holebenavalli Village, Nidige Hobli, Shimoga Taluk was originally granted to grandfather of respondent Nos. 3 and 4 one Sri Chathra Naika by Government order dated 07.11.1952 under the Land Grant Rules. The original grantee sold 2 acres of land in favour of Smt.Bheemli Bai who is the grandmother of the petitioner, by a registered sale deed dated 07.06.1965. The PTCL Act came into force on 01.01.1979. The legal representative of the original grantee filed an application under Sections 4 and 5 of the PTCL Act on 30.01.1994 for restoration of the granted land in their favour. The Assistant Commissioner, after he