Sri. Anil Kumar.S, learned counsel for petitioner and

Sri. Danappa.P. Panibhate, learned counsel for first

respondent have appeared through video conferencing

Sri.Sandesh

Kumar.M.,

learned

HCGP

for

respondents 2 to 5, has appeared in person.

3

The facts are stated as under:-

It is stated that the petitioner was granted quarrying

lease in Sy.No.49 of Kenagatte Village, Honalli Taluk,

Shimoga District, now Davanagere District, to an extent of

40 Acres for white Quartz by means of a registered mining

lease in Sanction No.AML 82/82 on 05.02.1985. Pursuant

to the sanction, the petitioner obtained power sanction for

establishing a Crushing Machine of 98 H.P. power from

K.E.B. as per sanction order dated 02.09.1994. The

petitioner invested huge amount and established a

crushing machine for purpose of crushing white quartz in

the leased area and exporting it as raw material for

Industries which would earn foreign exchange also.

It is stated that pursuant to the establishing crushing

machine, the petitioner agreed to purchase the land

bearing Sy. No.49 to an extent of 1 Acre 20 Guntas for

valuable consideration from the first respondent. The first

respondent and her daughter informed the petitioner that

the property is ancestral in nature and the same was

4

granted in favor of the husband of the first respondent.

The petitioner purchased the land on 19.02.1997 and

pursuant to the sale, Mutation was affected in his name in

M.R.NO.15/96-97. The property land was an agricultural

land and the petitioner applied for conversion to non-

agricultural purpose for the Industry of crushing of Quartz.

Hence, the petitioner approached the Gram Panchayat

concerned for issuance of 'No Objection Certificate' for the

purpose of getting the land converted for non-agricultural

purpose and Certificate was issued by a resolution in the

Panchayat Meeting held on 27.07.1997.

The Authorities concerned brought to the notice of

the petitioner that the land in question was the land

granted in favor of the husband of the first respondent

who is a Scheduled Tribe person and the provisions of the

Karnataka

Scheduled

Caste

and

Scheduled

Tribe

(Prohibition of Transfer of Certain Lands), Act, 1978 (for

short 'the Act') would attract. The petitioner approached

the Deputy Commissioner for grant of permission for

5

alienation of the land and it is said that he also made a

representation to the Hon9ble Chief Minister, Government

of Karnataka on 10.04.1999.

As things stood thus, on the recommendation of

Deputy

Commissioner,

the

Assistant

Commissioner

Davanagere

Sub-

Division,

Davanagere,

initiated

proceedings that the alienation is in violation of the

provisions

of

the

Act. The

Assistant Commissioner

registered the case in the name of the first respondent and

show cause notice was issued to the petitioner as to why

the land should not be resumed as the alienation was in

violation of the provisions of the Act. The petitioner filed

objections and he contended that the alienation is made

after 15 years from the date of grant hence, there is no

violation and there is no question of restoration of the land

in favor of the first respondent and he sought for the

dismissal of the application.

6

The Assistant

Commissioner

passed

the order

holding that the land was granted in favor of one Rekha

Naik, and after the demise of the grantee his wife the first

respondent has sold the land on 19.02.1997 and before

the sale of land, prior permission was not obtained from

the Government, hence it was ordered that the land to be

restored to the first respondent.

The order was challenged before the Deputy

Commissioner in Appeal No.PTCL/CR/16/2001-2002. The

appeal came to be dismissed. It is averred that the order

was challenged before this Court in W.P.No.43994/2002

and the matter was remanded and directed the Assistant

Commissioner to ascertain as to whether the original

grantee belongs to depressed class.

It is said that after remand, the Tahasildar was