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2024 Supreme(Online)(KAR) 32364
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 15914 OF 2023 (SCST)
BETWEEN:
GANGAHANUMAKKA W/O LATE HANUMAIAH AGED ABOUT 50 YEARS R/O CHANNOHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 561203 …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M S BUILDING Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA BANGALORE - 560001 Location: HIGH COURT OF KARNATAKA
2. THE TAHASILDAR NELAMANGALA TALUK, NELAMANGALA BANGALORE - 561203
3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALALPURA TALUK BANGALORE RURAL DISTRICT - 561203
4. THE DEPUTY COMMISSIONER BEERASANDRA , DEVANAHALLI, BANGALORE RURAL DISRTICT BANGALORE - 562123
5. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, NO 12, SHANTHIGRUHA BHARATH SCOUTS AND GUIDE BUILDING
4TH FLOOR, PALACE ROAD, BANGALORE - 01
6. HANUMANTHAIAH S/O LATE HANUMAIAH MAJOR R/O KENCHANAPURA VILLAGE TYAMAGONDLU HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 561203
7. AKSHAYA RAVINDRA BABU S/O RAVINDRA BABU AGED ABOUT 55 YEARS R/O NO 58, MOUNTAIN STREET JAYANAGARA EAST BANGALORE - 560011
8. HEMACHANDAR S/O RAMU AGED ABOUT 55 YEARS R/O NO 10, JAAN ARM STRONG ROAD RICHARD TOWN BANGALORE - 560005 …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R1 TO R4 SMT. VIJETHA R. NAIK, ADVOCATE FOR R7 & R8 SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-N THAT IS ORDER PASSED BY THE R3 /
ASSISTANT COMMISSIONER IN CASE NO.PTCL (NE).05/2021 DT. 02.01.2023 AND ORDER PASSED BY TEH R4/DEPUTY COMMISSIONER IN LND/SC/ST(A) 10/2023 DT. 21.04.2023 VIDE ANNX-P, CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER FOR RESTORATION OF GRANTED LAND.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner aggrieved by the order dated
02.01.2023 vide Annexure-N passed by respondent No.3 and order of confirmation dated 21.04.2023 passed by respondent No.4 vide Annexure-P, has filed the present writ petition.
2. Brief facts leading rise to filing of this petition are as under:
The petitioner belongs to backward community. The grandfather of the petitioner Thimmahanumaiah was the original grantee of darkasth land bearing in Sy.No.199/3 (old Sy.No.46/P13) measuring 2 acres situated at Obalapura village, Tyamagondalu Hobli, Nelamangala Taluk. The said land was leased to the petitioner's great grandmother under "Grow More Food" Scheme. Later on, as per the official memorandum lease was confirmed in favour of the original grantee by the Deputy Commissioner, Bengaluru. After paying an upset price, grant certificate was issued to the original grantee on 10.05.1963 by the Tahsildar. The original grantee died and after his demise, the granted property was mutated in the name of petitioner father, who is respondent No.6 and thereafter the respondent No.6 executed the GPA in favour of Hemachandar who is respondent No.7, for the purpose of developing the land, but the respondent No.7 through GPA sold the granted land in favour of respondent No.8 herein by violating the conditions of grant as contemplated under the provisions of PTCL Act by registered sale deed dated 28.02.2019. Pursuant to the said sale deed revenue records of the property are changed in the name of purchaser and RTC stands in the name of Akshaya Ravindra babu- respondent No.8. The respondent No.5 - KIADB acquired the land belongs to original grantee under Sections 28 (1) and (4) of the KIADB Act, the land in question was acquired by respondent No.5. The petitioner being legal heir of original grantee filed a petition under PTCL Act before respondent No.3 alleging that the sale transaction is in contravention of the provisions of the PTCL Act. The respondent No.3 dismissed the application vide order dated 02.01.2023 for restoration of land in PTCL(NE)05/2021. The petitioner aggrieved by the same preferred an appeal before the respondent No.4. The respondent No.4 vide order dated 21.04.2023, has dismissed the appeal as not maintainable by confirming the order passed by the respondent No.3. The petitioner aggrieved by the orders at Annexures-N and P, filed this writ petition.
3. Heard Sri. Girish B. Baladare, learned counsel for petitioner and Smt. Namitha Mahesh, learned Additional Government Advocate for respondent Nos.1 to 4, Smt. Vijetha R. Naik, learned counsel for respondent Nos.7 and 8, Sri. P.V.Chandrashekar, learned counsel for respondent No.5.
4. Learned counsel for the petitioner submits that the land in question was granted to Thimmahanumaiah, as he belongs to depressed class under 'Grow More Food' Scheme. The sale transaction is in violation of conditions of grant order and provisions of PTCL Act. The said aspect was not considered by the respondent Nos.3 and 4 and proceeded to pass the impugned orders. He further submits that the impugned orders passed by respondent Nos.3 and 4 are arbitrary and erroneous. Hence, on these grounds, he prays to allow the writ petition.
5. Per contra, learned counsel for the respondents submits that, the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.12748/2011 disposed of on 25.02.2022 in the case of NANJAMMA AND OTHERS VS. THE STATE OF KARNATAKA AND OTHERS. She submits that the land granted on lease under 'Grow More Food' Scheme does not fall within the definition of 'granted land'. She submits that admittedly in the instant case the land in question was granted under 'Grow More Food' Scheme. The said aspect was rightly considered by respondent Nos.3 and 4 and passed impugned orders. Hence she prays to dismiss the writ petition.
6. Learned Additional Government Advocate supports the impugned orders and prays to dismiss the writ petition.
7. Perused the records and consid
