IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF DECEMBER 2021

BEFORE

THE HON9BLE MR.JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.14288 OF 2013 (SC-ST)

BETWEEN:

1 . SHRI KRISHNI CHANTHARU,

S/O THIMMA VATSALYA SOURABHA,

KOTESHWARA VILLAGE,

KUNDAPURA TALUK.

2 . MANJI,

W/O GOVINDA,

JANANAI GANGANA KERE,

GOPADI VILLAGE,

KOTESHWARA,

KUNDAPURA TALUK.

..PETITIONERS

(BY SRI. HALESHA R.G, ADVOCATE)

AND:

1 . MUTTA,

S/O MALINGA,

GOPADI TALUK,

KUNDAPURA TALUK - 575 270.

2 . ASSISTANT COMMISSIONER,

KUNDAPURA - 575 270.

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3 . DEPUTY COMMISSIONER,

UDUPI DISTRICT,

UDUPI - 575 123.

&.RESPONDENTS

(BY SRI. SANDESH KUMAR, HCGP FOR R-2 AND R-3

SRI. K. SHRIHARI, ADVOCATE OF

LEX JUSTICIA FOR C/R-1)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO QUASH THE IMPUGNED ORDER DT.11.2.2013 PASSED

BY R-3 -DY. COMMISSIONER-ANNX-M BY UPHOLDING THE

ORDER

DT.5.2.2007

PASSED

BY

R-2

ASST.

COMMISSIONER-ANNX-J.

THIS WRIT PETITION COMING ON FOR FINAL

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The petitioners being aggrieved by the order

dated 11.02.2013, passed by respondent No.3, vide

Annexure-M,

by

upholding

the

order

dated

05.02.2007,

passed

by

respondent

No.2,

vide

Annexure-J have filed this writ petition.

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2. Brief facts leading rise to filing of this petition

are as under:

The land in Sy.No.103/3A3, measuring 33 cents

situated at Gopadi Village, Kundapura Taluk was

granted in the name of one Korgu Hengsu, and since

the day of grant she was in possession and cultivation

of said land. The grant certificate was issued by the

Tahasildar. That the original grantee had no husband,

children and she died without leaving any legal heirs.

2.2. Respondent No.1 claims to be the legal

representative of the original grantee. Further,

respondent No.1 claims that the original grantee had

executed a Will dated 15.04.1964 in favour of

respondent No.1 bequeathing the property. Based on

the said Will dated 15.04.1964, the revenue records

were transferred in the name of respondent No.1.

Respondent No.1 got converted the said land from

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agricultural to non-agricultural vide order dated

10.06.1994. After conversion, respondent No.1 sold

the land measuring 5 cents to petitioner No.1 under a

registered sale deed dated 21.06.1994 and sold a

portion of land measuring to an extent of 10 cents in

favour of petitioner No.2 under a registered sale deed

dated 26.09.1994.

2.3. Respondent No.1 had filed an application

under Section 5 of the Karnataka Scheduled Caste and

Scheduled Tribes (Prohibition of Transfer of Certain

Lands) Act, 1978 ('the PTCL Act' for short) before

respondent No.2, alleging that the sale transactions

are in violation of Section 4(1) of the PTCL Act.

Respondent No.2 after holding an enquiry, passed an

order for restoring the land in question in favour of

respondent No.1. The petitioners being aggrieved by

the order passed by respondent No.2 preferred an

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appeal before respondent No.3. Respondent No.3

has confirmed the order passed by respondent No.2

and consequently, dismissed the appeal. Hence, the

petitioners have filed this writ petition challenging the

orders passed by respondent Nos.2 and 3.

3. Heard learned counsel for the petitioners,

learned HCGP for respondents No.2 and 3 and learned

counsel for respondent No.1.

4. Learned counsel for the petitioners submits

that prior to purchase of land in question by the

petitioners, the said land was already converted into

non-agricultural purpose vide order dated 10.06.1994.

When the said land was converted into non-

agricultural, the said land will not come within the

definition of granted land and further submits that the

provisions of the PTCL Act are not applicable to non-

agricultural land. Further, he places reliance on the

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order passed by the Full Bench of this Court in Wri