The petitioner, who asserts to be the grandson of

the original grantee, Sri Sanjeevappa of the land

measuring 3 acres in Sy.No.49 (Old No.23/1) of

3

Kudurekonda village, Nyamati Taluk, Belagutti Hobli,

Davanagere [the subject land], has impugned the order

dated 26.10.2021 in PTCL/CR-10/2018-19 [Annexure-

B] by the Deputy Commissioner, Davanagere District

[the second respondent].

2.

The

Assistant

Commissioner

[the

first

respondent]

by

the

order

dated

18.12.2017

in

PTCL/CR/09/2013-14 has allowed the petitioner9s

application for restoration and resumption of the

subject land under Section 5 of the Karnataka

Scheduled Caste and Tribe [Prohibition of Transfer of

Certain Lands] Act, 1978 (for short 'the PTCL Act'). But,

the Deputy Commissioner by the impugned order dated

26.10.2021 in the appeal under Section 5A of the PTCL

Act has set aside the Assistant Commissioner9s order

after a detailed discussion on the ground of delay

rejecting the petitioner9s application.

4

3.

Sri Sanjeevappa is granted the subject land

on 09.11.1956 subject to the condition that he shall not

alienate the same for a period of 15 years. After the

partition in Sri. Sanjeevappa9s family, the subject land

is