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2024 Supreme(Online)(KAR) 31413
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25260 OF 2023 (SCST)
BETWEEN:
1. SMT MUTHAMMA W/O LATE GANGARANGAIAH AGED ABOUT 77 YEARS R/A DODDAKARENAHALLI VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562123
2. SMT SHANTHAMMA W/O LATE NAGARAJU AGED ABOUT 57 YEARS R/A DODDAKARENAHALLI VILLAGE KASABA HOBLI NELAMANGALA TALUK Digitally signed BANGALORE RURAL DISTRICT - 562123 by R DEEPA Location: 3. SRI RANGASWAMY HIGH COURT S/O LATE GANGARANGAIAH OF AGED ABOUT 63 YEARS KARNATAKA R/A 110/A, 1ST FLOOR
3RD CROSS, ITI LAYOUT NAYANDANAHALLI BENGALURU - 560039
4. SRI GIRISH R S/O RANGASWAMY AGED ABOUT 35 YEARS R/A 110/A, 1ST FLOOR
3RD CROSS, ITI LAYOUT NAYANDAHALLI BENGALURU - 560039 5. SMT GANGAMMA W/O KRISHNAPPA AGED ABOUT 56 YEARS R/A CHANNADEVI AGRAHARA MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 560089
6. SMT SHIVAMMA W/O LATE GANESH AGED ABOUT 54 YEARS R/A DODDAKARENAHALLI VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 560089 …PETITIONERS (BY SRI. PUNITH C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560001
2. THE PRINCIPAL SECRETARY DEPARTMENT OF LAND REVENUE M S BUILDING BENGALURU - 560001
3. THE DEPUTY COMMISSIONER ZILLADILTHA BHAVANA
1ST FLOOR, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110
4. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION PINCODE-561203
5. THE TAHSILDAR NELAMANGALA TALUK-572101
6. SRI VENKATESH S/O LATE HUCCHAIAH AGED ABOUT 55 YEARS R/A 11, BURUGAMARADPALYA KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562123
7. SMT LAKSHMAMMA W/O LATE GORIYAPPA AGED ABOUT 53 YEARS R/A 27, NALLAKANADODDI THARALU POST UTHARAHALLI HOBLI BANGALORE SOUTH TALUK - 560061
8. SMT LAKSHMAMMA W/O NAGARAJ AGED ABOUT 49 YEARS R/A 27, NALLAKANADODDI THARALU POST UTHARAHALLI HOBLI BANGALORE SOUTH TALUK-560061
9. SMT. CHENNAMMA D/O LATE HUCHAIAH W/O SIDDAPPA AGED ABOUT 80 YEARS R/A 27, NALLAKANADODDI THARALU POST,UTHARAHALLI HOBLI BANGALORE SOUTH TALUK-560061 …RESPONDENTS (BY SRI. B.G. MAHADEVA, ADVOCATE FOR C/R7 SMT. NAMITA MAHESH, AGA FOR R1 TO R5 SRI. RAGHAVENDRA N. RAO, ADVOCATE FOR IMPLEADING APPLICANT ON I.A.1/24 SRI. H.V. NAGARAJA RAO, ADVOCATE FOR R6 & R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE, THAT SECTION 5 (c) AND (d) OF THE KARNATAKA SCHEDULE CASTE AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978 PUBLISHED IN KARNATAKA GAZETTE EXTRA ORDINARY ON 27/07/2023, KARNATAKA ACT 30/2023 AS PER ANNEXURE-K AS ULTRA VIRES AND UNCONSTITUTIONAL AND QUASH THE IMPUGNED ORDER DATED 22/09/2023 PASSED BY THE R3 IN LND.SC.ST (APPEAL) 42/2018 AS PER ANNEXURE-L AND QUASH THE IMPUGNED ORDER DATED 10/06/2018 PASSED BY THE R4 IN PTCL/SR(N) 06/2014-15 AS PER ANNEXURE-J AND DIRECTING THE R2 TO R4 TO RESTORE THE REVENUE ENTRIES IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners aggrieved by the order dated
22.09.2023 vide Annexure-L passed by respondent No.3 and order of confirmation dated 10.06.2018 passed by respondent No.4 vide Annexure-J, have filed the present writ petition.
2. Brief facts leading rise to filing of this petition are as under:
The land bearing Sy.No.29, Block-C, New Sy.No.96, measuring 2 acre situated at Doddakarenahalli village, kasaba hobli, Nelamangala taluk, granted in favour of Huchiai S/o Siddaiah under 'Grow More Food' Scheme vide order dated 19.09.1961 and saguvali chit was issued in favour of Huchiah on 15.07.1963. Huchaiah sold the schedule property in favour of Gangarangaiah for a total sale consideration of Rs.600/- under a registered sale deed dated 28.03.1964. The revenue authorities accepted the mutation in the name of Gangarangaiah. The respondent No.4 initiated suo-moto proceedings on the basis of representation given by N.Rajanna, Editor, Accident Newspaper of Nelamangala in PTCL proceedings. The respondent No.4 proceeded to pass an order to resume the schedule property to the Government and to restore the same in favour of the original grantee or his legal heirs. Being aggrieved by the said order, Gangarangaiah, preferred an appeal before the respondent No.3. The respondent No.3 after hearing the matter on merits, set aside the order passed by respondent No.4 and remanded the matter to respondent No.4 for fresh consideration. The respondent Nos.6 to 9, being the legal heirs of the original grantee namely Huchiah, after lapse of 51 years from the date of the sale deed, has filed the petition before respondent No.4 under Section 5 of the PTCL Act. The respondent No.4 has allowed the petition filed by respondent Nos.6 to 9. The petitioners preferred an appeal before respondent No.3, which came to be dismissed vide order dated 22.09.2023 by taking note of the recent amendment of PTCL Act. Hence, the petitioners being aggrieved by the impugned orders passed by respondent Nos.3 and 4 vide Annexures- J and L and notification as per Annexure-K, filed this writ petition. 3
3. Heard Sri. Punith C., learned counsel for petitioner, Sri. B.G. Mahadeva, learned counsel for caveator/respondent No.7, Smt. Namitha Mahesh, learned Additional Government Advocate for respondent Nos.1 to 5, Sri. Raghavendra N Rao, learned counsel for impleading applicant and Sri. H.V. Nagaraja Rao, learned counsel for respondent Nos.6 and 8.
4. Learned counsel for the petitioners submits that the land granted under grow more food scheme will not fall within the definition of 'granted land'. He further submits that the issue involved in the instant writ petition is squarely covered by the order of this Court in W.P.No.12748/2011 in the case of NANJAMMA AND OTHERS VS. STATE OF KARNATAKA and others disposed of on 25.02.2022. He also submits that the said order was confirmed by the Division Bench in W.A.No.339/2022 disposed of on 19.09.2022 and by the Hon'ble Apex Court in SPECIAL LEAVE PETITION (CIVIL) DIARY NO.4777/2023 disposed of on 24.02.2023. Hence he submits that he will not press prayer (a). His submission is placed on record and prayed this writ petition may be allowed in terms of the aforesaid order.
5. Learned Additional Government Advocate for the respondent Nos.1 to 5 does not dispute the same.
6. Perused the records and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that the land in question was taken under 'Grow More Food' Scheme and thereafter the said lease was confirmed in favour of a grantee. The land taken on lease under the Grow More Food Scheme cannot be considered as a granted land to him considering him as a schedule caste or depressed person. The issue involved in the instant writ petition is covered by the order of this Court in the case of NANJAMMA (referred supra) and the said order was confirmed by the Hon'ble Apex Court in SLP (Civil) Dairy No.4777/2023. In view of the same, I concur with the findings recorded i
