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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2022

BEFORE

THE HON’BLE MR.JUSTICE R.DEVDAS

WRIT PETITON NO.15263 OF 2014(SC-ST)

BETWEEN

1.

SRI ASWATHAPPA

S/O LATE MUNISWAMY

(DEAD BY HIS LR’S)

1(a) SMT. MUNITHAYAMMA

W/O LATE ASWATHAPPA

AGED ABOUT 68 YEARS

1(b) SRI. A. KRISHNAMURTHY

S/O LATE ASWATHAPPA

AGED ABOUT 48 YEARS

1(c) SRI. A. NAGARAJU

S/O LATE ASWATHAPPA

AGED ABOUT 43 YEARS

1(d) SRI. A. SUBRAMANI

S/O LATE ASWATHAPPA

AGED ABOUT 40 YEARS

1(e) SRI. A. MANOHAR

S/O LATE ASWATHAPPA

AGED ABOUT 36 YEARS

R

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2.

SRI SUBBARAYAPPA

S/O LATE MUNISWAMY

AGED ABOUT 80 YEARS

3.

SMT. CHIKKAMUNIYAMMA

W/O VENKATARAMANAPPA

AGED ABOUT 65 YEARS

R/AT BEERASANDRA VILLAGE

KUNDANA HOBLI

DEVANAHALLI TALUK

BANGALORE RURAL DISTRICT

4.

SRI MUNIKRISHNA

S/O LATE VARADAPPA

AGED ABOUT 60 YEARS

5.

SRI MUNIYAPPA

S/O CHIKKAGULLONU

AGED ABOUT 60 YEARS

R/AT CHIKKA KEMPANAHALLI VILLAGE

KUNDANA HOBLI

DEVANAHALLI TALUK

No.1(a) TO (e), 2 & 4 ARE RESIDING AT

ALURU DUDDANAHALLI VILLAGE

KUNDANA HOBLI

DEVANAHALLI TALUK

BANGALORE RURAL DISTRICT

...PETITIONERS

(BY SMT. S. SUSHEELA, SR. COUNSEL FOR

SRI. T.R. RAMESHA, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA

REP BY ITS UNDER SECRETARY

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TO THE REVENUE DEPARTMENT

VIDHANA SOUDHA

BANGALORE 560001

2.

THE DEPUTY COMMISSIOENR

BANGALORE RURAL DISTRICT

O/AT VISHWESHWARAIAH TOWER

DR. AMBEDKAR VEEDHI

BANGALORE 560001

3.

THE ASSISTANT COMMISSIONER

DODDABALALPURA SUB-DIVISION

BANGALORE RURAL DISTRICT

O/AT VISHWESHWARAIAH TOWER

DR. AMBEDKAR VEEDHI

BANGALORE 560001

4.

SMT. MUNIYAMMA

W/O LATE PILLAPPA

AGED ABOUT 70 YEARS

5.

SMT. ANJANAMMA

MAJOR IN AGE

W/O RAMANJINAPPA

R/AT SEEKANAHALLI VILLAGE

DEVANAHALLI TALUK

BANGALORE DISTRICT

6.

SMT. MUNITHAYAMMA

W/O LATE RAJANNA

AGED ABOUT 51 YEARS

7.

SMT. ANNAPURNAMMA

AGED ABOUT 46 YEARS

W/O CHANDRAPPA

D/O SONNAPPA

R/AT NINGANAHALLI VILLAGE

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RAJANKUNTE POST

HESSARGHATTA HOBLI

BANGALORE NORTH TALUK

8.

SMT. KEMPAMMA

W/O LATE BYRAPPA

AGED ABOUT 71 YEARS

9.

SMT. KRISHNAMMA

W/O LATE SHAMANNA

AGED ABOUT 61 YEARS

10.

SRI. NARAYANASWAMY

S/O SONNAPPA

AGED ABOUT 56 YEARS

11.

SRI. MANJUNATH

S/O SONNAPPA

AGED ABOUT 51 YEARS

12.

SRI SAMPANGAPPA

S/O MUNISWAMAPPA

AGED ABOUT 71 YEARS

R/AT KADIGANAHALLI VILLAGE

JALA HOBLI

BANGALORE NORTH TALUK

13.

SMT. NAGAVENI

W/O CHANDRAPPA

D/O KEMPAMMA

AGED ABOUT 46 YEARS

NO.4, 6, 8 TO 11, 13 ARE RESIDING AT

VISHWANATHAPURA VILLAGE,

KUNDANA HOBLI,

DEVANAHALLI TALUK,

BANGALORE DISTRICT 562110

…RESPONDENTS

(BY SRI. D.C. PARAMESHWARAIAHA, HCGP FOR R1 TO R3

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SRI. SUNIL S. RAO, ADVOCATE FOR R8, R12 & R13

SRI. T.SESHAGIRI RAO, ADVOCATE FOR R4 TO R7 &

R9 TO R11)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DATED 26.11.2007 PASSED BY R-2 &

ORDER DATED 29.07.2005 BY R-3 UNDER ANNX-K & M

RESPECTIVELY AND DIRECT THER-3 TO RESTORE THE

LAND IN FAVOUR OF PETITIONERS IN RESPECT OF

SY.NO.184/1 TO 184/5 TOTALLY MEASURING 20 ACRES,

OF

VISHWANATHAPURA

VILLAGE,

KUNDANA

HOBLI,

DEVANAHALLI TQ., AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED

ON

13.04.2022

AND

COMING

ON

FOR

PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT

MADE THE FOLLOWING:

ORDER

This writ petition arises out of the provisions

contained in a special statute-Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer

of Certain Lands) Act, 1978 (for short ‘PTCL Act’). The

petitioners are the legal heirs of the original grantees.

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There are five sets of original grants, granting 4 acres

each

in

Sy.No.184

of

Vishwanathapura

Village,

Kundana Hobli, Devanahalli Taluk, Bangalore District,

in

favour

of

Sri.Munithimma,

Sri.Varada,

Sri.Muniswamy,

Sri.Muniswamappa

and

Sri.Chikkagullonu.

2. It is not disputed that these lands were

granted

to

the

five

grantee