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2020 Supreme(Kar) 415

H.T.NARENDRA PRASAD
Kempaiah – Appellant
Versus
State Of Karnataka And Others – Respondent


Advocates Appeared:
Ananda, Advocate, for the Appellant; Savithramma, HCGP and S.K. Nagarathna, Advocate, for the Respondent

JUDGMENT

H.T. Narendra Prasad, J. - This writ petition is directed against the order dated 29.07.2019 passed by the second respondent vide Annexure-B whereby the Deputy Commissioner allowed the appeal filed by the fourth respondent under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the PTCL Act) and set aside the order passed by the Assistant Commissioner.

2. The brief facts of the case is that the land bearing Sy. No. 89 measuring 4 acres situated at Juttanahalli Village, Kundana Hobli, Devanahalli Taluk was originally granted in favour of the petitioner under Darkhast Rules on 24.04.1962 with a condition of non-alienation for a period of 15 years. The original grantee by violating the condition sold the land in favour of fourth respondent by a sale deed dated 02.03.1970. The PTCL Act came into force on 01.01.1979. The original grantee filed an application before the Assistant Commissioner under Sections 4 and 5 of the PTCL Act in the year 2013. The Assistant Commissioner by order dated 26.04.2017 allowed the application and restored the land in favour of the original grantee. Being aggrieved by

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