ORDER :

In these petitions, petitioners are challenging the order of the Deputy Commissioner dated 20.06.2012. Hence, it has been clubbed together and common order has been passed.

2. These writ petitions are directed against the order dated 20.06.2012 passed by the Deputy Commissioner under Section 5A of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘the Act’ for short), whereby the Deputy Commissioner resumed the land in favour of legal representatives of original grantee.

3. Brief facts of the case are that land bearing Sy. No.251/1a and 1b measuring 5 acres situated at Nagarangere Village, Challakere Taluk was originally granted in favour of one Kariyappa on temporary lease basis under Grow More Food Scheme in the year 1943. Thereafter, the Deputy Commissioner by order dated 25.11.1955 has confirmed the said lease in favour of original grantee. Subsequently, Saguvali Chit has been issued on 11.12.1955, with a condition not to alienate the property for a period of 15 years. The original grantee has sold the land in dispute in favour of petitioners in W.P. No.26005/2012 by a registered Sale Deed dated 30.10.1967. Thereafter, petitioners obtained permission from the various authorities for conversion of land under the Land Revenue Act. By order dated 08.12.1986, the Tahsildar has granted permission for conversion of land from agricultural to nonagricultural purpose. The petitioners formed the sites and sold the same in favour of petitioners in W.P. No.1081/2015 under different Sale Deeds in the year 1998-1999. The petitioners retained some land to an extent of 01 acre 20 guntas. The PTCL Act came into force on 01.01.1979. Thereafter, the authority initiated suomoto proceedings under Sections 4 and 5 of the Act in the year 1996 for resumption of land. The Assistant Commissioner by order dated 23.04.1999, has dismissed the application on the ground that the Act is not applicable to the disputed land. Being aggrieved by the same, the legal representatives of the original grantee have filed an appeal under Section 5A of the Act in Appeal No.13/08-09. The Deputy Commissioner by order dated 20.06.2012, has allowed the appeal and resumed the land in favour of legal representatives of original grantee. Being aggrieved by the same, the petitioners have filed these writ petitions.

4. Sri. Prakash M.H. and R. Shashidhara, learned counsel appearing for the petitioners contended that the land was originally leased in favour of one Kariyappa under Grow More Food Scheme in the year 1943. Thereafter, the Deputy Commissioner vide order dated 25.11.1955 confirmed the said lease in favour of Kariyappa and Saguvali Chit has been issued on 11.12.1955 with a condition not to alienate the property for a period of 15 years. The original grantee has sold the land in favour of petitioners in W.P. No.26005/2012 by a registered Sale Deed dated 30.10.1967. Thereafter, petitioners obtained permission for conversion of land from agricultural to nonagricultural purpose on 08.12.1986. They formed sites and sold some extent of land to the petitioners in W.P. No.1081/2015. The PTCL Act came into force on 01.01.1979. The suomoto proceedings under Sections 4 and 5 of the Act has been initiated in the year 1996 i.e., after lapse of 16 years from the date of Act came into force. The initiation of proceedings itself is not maintainable. In support of their contention, they relied upon the judgment of the Apex Court in the case of Nekkanti Rama Lakshmi –v State of Karnataka and Another reported in 2018 (1) Kar. LR 5 (SC) and relied on the decision of the Apex Court in the case of Ningappa Vs. Deputy Commissioner in Civil Appeal No.3131/2007 disposed of on 14.07.2011. Hence, they pray for allowing the appeal.

5. Per contra, Sri. B.M. Siddappa, learned counsel for the respondents and Smt. Savithramma, learned Government Advocate for respondent Nos.1 and 2 contended that land was original