ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

Heard learned advocate Sri. H.C. Kumaraswamy for the appellant, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 4.

2. This appeal under Section 4 of the Karnataka High Court Act, 1961 impugning the order of learned Single Judge in Writ Petition No.24900 of 2022 dated 29.08.2023.

3. The lands bearing Sy.No.91/1 measuring 2 acres 26 guntas, Sy.No.92/2 measuring 2 acres 30 guntas and Sy.No.93 measuring 4 acre 37 guntas were originally granted in favour of Thimmaiah S/o Venkataiah and Venkataiah S/o Venkataiah under Depressed Class Rules. The said granted lands were sold by the original grantee in favour of Mavanallaiah, Gangaiah S/o Chikkarangaiah and Gangaiah S/o Byataiah, in violation of the grant order. The son of original grantee filed an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [hereinafter referred to as ‘PTCL Act’ for short] before respondent No.3. Respondent No.3 by order dated 31.08.1981 restored the lands in favour of the original grantee. The order of restoration was confirmed by respondent No.2-