ORDER :

This writ petition is directed against the order dated 27.09.2012 passed by the Deputy Commissioner produced at Annexure- F, whereby the Deputy Commissioner has allowed the appeal filed by the purchasers.

2. Brief facts of the case are that land bearing old Sy. No.31/17, New Sy. No.58 measuring 02 acres situated at Sriramanahalli Village, Hesaraghatta Hobli, Bangalore North Taluk was granted in favour of Munidasa @ Munidasappa under Darkasth Rules on 10.09.1949. The said original grantee has sold the property in question to Sri. H.T. Sitaramarao under two registered Sale Deeds both dated 06.07.1967. He inturn, sold the property to one Baldev Kumar Mohinder by a registered Sale Deed dated 06/07.07.1967. The said Baldev Kumar Mohinder sold the property in question to C.K. Kariyappa through Sale Deed dated 31.06.1980. The said C.K. Kariyappa inturn has sold the property to one T.S.Bylappa through registered Sale Deed dated 31.12.1992 and he inturn sold the property in favour of Sri. Yusuf Ali and Smt. Sameena Yusuf Ali by the registered Sale deed dated 30.11.1993. They formed the layout and sold the sites to respondents herein by different sale deeds.

3. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the ‘PTCL Act’ for short) came into force on 01.01.1979. The legal representative of original grantee has filed the application before the Assistant Commissioner under Sections 4 and 5 of the Act seeking restoration of the land in the year 2006. The Assistant Commissioner, by order dated 01.04.2008 has allowed the application and resumed the land in favour of legal representative of original grantee. Being aggrieved by the same, respondent No.3 herein filed the appeal before the Deputy Commissioner. The Deputy Commissioner, by order dated 27.09.2012 has allowed the appeal. Being aggrieved by the same, the legal representative of the original grantee has filed the present writ petition.

4. Sri. Nagaraj C.D., appearing for Sri Pruthvi Wodeyar, for the petitioner contended that land was originally granted in favour of one Munidasa @ Munidasappa under Darkasth Rules and Grant Certificate at Annexure-B was issued by the competent authority on 10.09.1949. He further contended that it is very clear from the Grant Certificate that the land in dispute was granted in favour of Munidasa @ Munidasappa, who is grandfather of the petitioner and it is not in dispute that the original grantee belongs to Scheduled Caste. He further contended that the appeal filed by one Xaviour Paul in respect of very same land has been dismissed by the Special Deputy Commissioner vide order dated 28.07.2010 produced at Annexure-D and Deputy Commissioner has given a finding that the land in dispute is a granted land. Now under the impugned order dated 27.09.2012, the Deputy Commissioner held that the land in dispute is not a granted land and the petitioners have not produced any documents to establish the same, is contrary to the materials available on record. Secondly, he has contended that the land was originally granted in favour of Munidas @ Munidasappa in the year 1949. As on the date of the grant, the conditions prevailing is “non-alienation forever”. The original grantee by violating the condition, has sold the land by a registered Sale Deed dated 06.07.1967. Therefore, the Assistant Commissioner has rightly exercised the power under Sections 4 and 5 of the Act and resumed the land. Thirdly, in respect of delay in filing the application under Sections 4 and 5 of the Act is concerned, he submitted that petitioner was not aware of the PTCL Act and when he became aware of the same, he has filed the application. He further submits that if this Court grants permission to file the application under Section 5 of the Limitation Act, petitioner will file the same. Hence, he sought for allowing the petitions.

5. Per contra, Smt.Shilpa Gogi, learned Government Pleader appearing for r