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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JULY, 2021

PRESENT

THE HON9BLE MR.JUSTICE SATISH CHANDRA SHARMA

AND

THE HON9BLE MR.JUSTICE NATARAJ RANGASWAMY

WRIT APPEAL NO.35 OF 2021 (SCST)

C/W

WRIT APPEAL NO.54 OF 2021 (SCST)

IN W.A.NO.35/2021:

BETWEEN:

SRI. GANGAPPA

S/O LATE MUNI ANJINAPPA,

AGED ABOUT 63 YEARS,

R/AT YANAKUNTE VILLAGE,

HASIGALA POST, SULIBELE HOBLI,

HOSKOTE TALUK

BENGALURU RURAL DISTRICT - 562 129.

...APPELLANT

(BY SRI. V.F.KUMBAR, ADVOCATE)

AND:

1.

SRI. KRISHNAPPA

W/O MUNISONNAPPA,

AGED ABOUT 67 YEARS,

RESIDING AT GOKARE VILLAGE,

YALIYUR POST, KASABA HOBLI,

DEVANAHALLI TALUK - 562 135.

2.

THE DEPUTY COMMISSIONER

BENGALURU RURAL DISTRICT

BENGALURU - 560 001.

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3.

THE ASSISTANT COMMISSIONER

DODDABALLAPURA SUB-DIVISION,

DODDABALLAPURA - 561 203,

BENGALURU RURAL DISTRICT.

4.

THE THASILDHAR

DEVANAHALLI TALUK,

DEVANAHALLI - 562110.

&RESPONDENTS

(BY SRI. S.RAJASHEKAR, A.G.A. FOR R-2 TO R-4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE

WRIT APPEAL AND TO SET ASIDE THE ORDER PASSED BY THE

LEARNED SINGLE JUDGE IN W.P. NO.10475/2015 (SC-ST)

DATED 20.10.2020 AND TO DISMISS THE WRIT PETITION

FILED BY THE RESPONDENT.

IN W.A.NO.54/2021:

BETWEEN:

SRI. GANGAPPA

S/O LATE MUNI ANJINAPPA,

AGED ABOUT 63 YEARS,

R/AT YANAKUNTE VILLAGE,

HASIGALA POST, SULIBELE HOBLI,

HOSKOTE TALUK,

BENGALURU RURAL DISTRICT - 562129.

...APPELLANT

(BY SRI. V.F.KUMBAR, ADVOCATE)

AND:

1.

SMT. SUSHEELAMMA

W/O MUNISONNAPPA,

AGED ABOUT 63 YEARS,

RESIDING AT IBASAPURA VILLAGE,

CHANNARAYAPATNA HOBLI,

DEVANAHALLI TALUK,

BENGALURU RURAL DISTRICT-562110.

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2.

STATE OF KARNATAKA

BY ITS SECRETARY,

REVENUE DEPARTMENT,

M.S. BUILDING,

BENGALURU-560001.

3.

THE DEPUTY COMMISSIONER

BENGALURU RURAL DISTRICT,

BENGALURU - 560 001.

4.

THE ASSISTANT COMMISSIONER

DODDABALLAPURA SUB-DIVISION,

BENGALURU-561203.

5.

THE THASILDHAR

DEVANAHALLI TALUK,

DEVANAHALLI - 562110.

6.

SRI. KRISHNAPPA

S/O LATE VENKATAPPA,

AGED ABOUT 65 YEARS,

RESIDING AT GOKARE VILLAGE,

YALIYUR POST, KASABA HOBLI,

DEVANAHALLI TALUK,

BENGALURU RURAL DISTRICT-562135.

&RESPONDENTS

(BY SRI. S.RAJASHEKAR, A.G.A. FOR R-2 TO R-5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE

WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE

LEARNED JUDGE IN W.P. NO.48620/2015 (SC-ST) DATED

20.10.2020 AND TO DISMISS THE WRIT PETITION FILED BY

THE RESPONDENT NO.1.

THESE APPEALS COMING ON FOR ORDERS THIS DAY,

SATISH

CHANDRA

SHARMA,

J.,

DELIVERED

THE

FOLLOWING:

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J U D G M E N T

The present writ appeals are arising out of order

dated 20.10.2020 passed in W.P. No.48620/2015 c/w.

W.P. No.10475/2015.

2.

The learned Single Judge has passed a

common order in two connected matters in respect of the

same piece of land, and therefore, the writ appeals are

being disposed of again by a common order.

3.

The facts of the case reveal that petitions were

preferred being aggrieved by an order dated 27.01.2015

passed by the Deputy Commissioner, who has restored the

land in favour of original grantee by the order dated

12.02.2015. The facts further reveal that on 23.04.1948 a

land measuring 2 acres in Sy. No.197(old No.114) situated

at Gokare village, Kasaba Hobli, Devanahalli taluk was

granted to one Muninanjappa who sold the land in favour

of one Subbaiah S/o. Sivaga on 30.06.1958. Thereafter a

sale deed was executed on 29.04.1960. An application

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was preferred under Section 5 of the Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer of

Certain Lands) Act, 1978 (hereinafter referred to as 'PTCL

Act' for short) after 42 years of the first sale of land in

W.P. No.10475/2015 and after 50 years of the sale of land

in W.P. No.48620/2015. The Assistant Commissioner has

ordered restoration of land and appeal was preferred

before