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2024 Supreme(Online)(Kar) 36786
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21424 OF 2023 (SCST)
BETWEEN:
1. RATHNAMMA W/O LATE SITARAMAIAH AGED ABOUT 40 YEARS, R/O NARANAHALLY VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL-561203
2. SAKAMMA W/O BYLANJINAPPA AGED ABOUT 55 YEARS, R/O HOUSE NO.33, FRONT OF I.B.M.
M S K NAGARA, Digitally signed GORAGUNTEPALYA by R DEEPA BANGALORE-560022 Location: HI GH …PETITIONERS COURT OF (BY SRI. GIRISH B BALADARE., ADVOCATE)
KARNATAKA AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT M S BUILDING BANGALORE-560001
2. THE TAHASILDAR NELAMANGALA TALUK NELAMANGALA BANGALORE-561203
3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TALUK BANGALORE RURAL DISTIRCT-561203
4. THE DEPUTY COMMISSIONER BEERASANDRA DEVANAHALLI BANGALORE RURAL DISTRICT 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. M KRISHNAMURTHY S/O MAYANNA AGED ABOUT 75 YEARS, R/O HOUSE NO.E-204, MANTRI TERES, BELEKALE, BANNERUGATTA ROAD, BANGALORE-560076 7. HEMACHANDAR S/O RAMU S/O HANUMAIAH AGED ABOUT 55 YEARS, R/O HOUSE NO.10, JOHAN ARMS, STRANGE ROAD, RICHARD TOWN, BANGALORE-560005 …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R1 TO R4 SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R5 SRI. R.B. NAIK, ADVOCATE FOR SMT. VIJETHA R. NAIK, ADVOCATE FOR R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ANNEXURE-M THAT IS ORDER PASSED BY THE R3 / ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA IN CASE NO.PTCL(NE).07/2022 DTD 02.01.2023 AND ORDER PASSED BY THE R4/DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT IN LND/SC/ST(A) 13/2023 DTD 21.04.2023, VIDE ANNEXURE-N, CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER FOR RESTORATION OF GRANTED LAND.
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
02.01.2023 vide Annexure-M passed by respondent No.3 and order dated 21.04.2023 vide Annexure-N passed by respondent No.4, have filed the present writ petition. 2. Brief facts leading rise to filing of this petition are as under:
The petitioners belongs to backward community. The grandfather of the petitioner Bylanarasiah S/o Kambaiah was the original grantee of darkasth land bearing in Sy.No.207 (old Sy.No.46/P17) measuring 2 acres situated at Obalapura village, Tyamagondalu Hobli, Nelamangala Taluk. The said land was leased to the petitioners'
grandfather 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 petitioners' brother i.e., Muniramaiah and the said Muniramaiah was executed a GPA on 22.03.2006 in favour of Hemachandar and his family members including the minor petitioners. Thereafter, GPA holder and Munimaramma executed the sale deed in favour of Hemachandar on 30.06.2020. Respondent No.5 -KIADB acquired the land belongs to the original grantee under Sections 28 (1) and (4) of the KIADB Act. The petitioners being legal heirs of original grantee filed a petition under PTCL Act before respondent No.3 alleging that the sale transaction is in contravention of provision of PTCL Act. The respondent No.3 dismissed the petition vide Annexure-M. The petitioners aggrieved by the order passed by respondent No.3 filed an appeal before the respondent No.4. The respondent No.4 vide order dated 21.04.2023 dismissed the appeal and upheld the order passed by the respondent No.3. The petitioners aggrieved by the order vide Annexures M and N, have filed this writ petition.
3. Heard Sri Girish B. Baladare, learned counsel for petitioners, Smt. Namitha Mahesh, learned Additional Government Advocate for respondent Nos.1 to 4 and Sri P.V.Chandrashekar, learned counsel for respondent No.5.
4. Learned counsel for the petitioners submits that the land in question was granted to Bylanarasiah S/o Kambaiah, as he belongs to depressed class under 'Grow More Food' Scheme. The sale transaction is in violation of conditions of grant 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 senior counsel for respondent No.7 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. He submits that the land granted on lease under 'Grow More Food' Scheme does not fall within the definition of 'granted land'. He 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 he 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 considered the submissions made by learned counsel for the parties. 8. 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 at an upset price of Rs.100/- per acre as per Annexure-A and certificate was issued as per Annexure-B. The land taken on lease under 'Grow More Food' Scheme cannot be considered as a 'granted land' to him considering him as a schedule caste or depressed person.
