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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JULY, 2021

BEFORE

THE HON' BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.40556 OF 2019 (SC/ST)

BETWEEN

1.

P. KRISHNAPPA

AGED ABOUT 56 YEARS

S/O. LATE. PAPAIAH,

KODIHALLI,

JADIGENAHALLI HOBLI,

HOSAKOTE TALUK,

BENGALURU RURAL DISTRICT,

BENGALURU.

2.

RATNAMMA

AGED ABOUT 50 YEARS,

W/O. C M RAJANNA,

R/AT NO. 123,

2^ND MAIN ROAD,

AMBEDKAR NAGAR, WHITE FIELD,

BENGALURU 560066.

...PETITIONERS

(BY SRI VIGNESHWARA V, ADVOCATE)

AND

1.

THE DEPUTY COMMISSIONER

KOLAR DISTRICT,

KOLAR 563101.

2.

THE ASSISTANT COMMISSIONER

KOLAR SUB -DIVISION,

KOLAR 563101.

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3.

J. ANJINAPPA

AGE MAJOR,

S/O. C GOVINDAPPA,

ALAMBADI VILLAGE,

LAKKURU HOBLI,

MALUR TALUK,

KOLAR DISTRICT 563201.

&RESPONDENTS

(BY SRI K S ARUN, HCGP FOR R1 & R2

SRI VENKATACHALAPATHI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED 27.05.2019 PASSED IN CASE

NO.PTCL

23/2018

ON

THE

FILE

OF

THE

R-1

DEPUTY

COMMISSIONER KOLAR DISTRICT IMPROPERLY CONFIRMING

THE IMPUGNED ORDER DATED 21.06.2018 PASSED IN CASE

NO.LND/SC-ST/36/2010-11 ON THE FILE OF THE RESPONDENT

NO.2

ASSISTANT

COMMISSIONER,

KOLAR

SUB-DIVISION,

KOLAR VIDE ANNEXURE-A AND B RESPECTIVELY AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

The petitioners are the purchasers of granted land.

The undisputed facts are that Block No.1 of Sy.No.220 (old

Sy.No.87), measuring 1 acre 35 guntas, situated at

Alambadi village, Lakkuru Hobli, Malur Taluk, Kolar District,

was being cultivating unauthorizedly by Sri.C.Govindappa,

the father of respondent No.3 herein. On his application

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seeking regularization of unauthorized occupation, the

competent

authority

passed

order

regularising

the

unauthorized occupation in favour of Sri.C.Govindappa and

Saguvali Chit was issued on 30.09.1994 laced with a

condition of non-alienation for a period of 15 years.

Mutation entry was also carried out in the revenue records.

Subsequent, to the death of Sri.C.Govindappa, his two

widows and children executed a registered General Power of

Attorney in favour of Smt. Rathna W/o P.M.Rajanna,

granting power to sell the property. However, it was made

clear that prior permission of the government shall be taken

before transacting with the property. Nevertheless, the

petitioners

herein

purchased

the

property

under

a

registered sale deed dated 01.10.2009, through Power of

Attorney Holder, without taking prior permission from the

State Government.

2. Respondent No.3 herein filed an application before

the Assistant Commissioner under the provisions of the

Karnataka

Scheduled

Castes

and

Scheduled

Tribes

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

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(hereinafter referred to as 8 the Act9, for short), in the year

2010 seeking a declaration that the sale transaction is in

violation of the provisions of the Act. The Assistant

Commissioner passed an order dated 21.06.2018 holding

that the sale transaction dated 01.10.2009 is in violation of

the provision of Section 4(2) of the Act, since there was no

prior permission taken from the State Government to

transfer the property. The appeal preferred by the

petitioners herein before the Deputy Commissioner was also

dismissed by order dated 27.05.2019. Being aggrieved, the

petitioners are before this Court.

3. The grounds urged in this writ petition are that the

authorities have not gone into the question of limitation;

whether the grant was for upset price or free of cost; the

records were not verified, etc. Learned Counsel for the

petitioners urges the same grounds and further submitted

that the orders have been passed in a casual manner

without verifying the original records.

4. Per contra, learne