IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER 2021

BEFORE

THE HON9BLE MR.JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.20588 OF 2019 (SC-ST)

BETWEEN:

SRI. VENKATARAYAPPA @ VENKATARAMANAPPA

S/O LATE KOTAPPA,

AGED ABOUT 81 YEARS,

RESIDENT OF DOMBARAHALLI VILLAGE,

KASABA HOBLI, MALUR TALUK

KOLAR DISTRICT - 563 130.

...PETITIONER

(BY SRI. AMARESH A ANGADI, ADVOCATE)

AND

1 .

SMT. SAILAJA

D/O BHEEMAIAH, AGED ABOUT 40 YEARS,

RESIDENT OF KUMBARAPETE,

AGRAHARA, MALUR TOWN - 563 130.

2 .

SRI. M B MANJUNATH

S/O S B SUJATHA

AGED ABOUT 38 YEARS,

3 .

M B UPENDRA

S/O S B SUJATHA,

AGED ABOUT 36 YEARS,

2

RESPONDENTS 2 AND 3 ARE

RESIDING AT NO 340,

3^RD CROSS KUMBARAPETE,

MALUR TOWN - 563 130.

4 .

ASSISTANT COMMISSIONER

KOLAR SUB DIVISION,

KOLAR - 563 102.

5 .

THE DEPUTY COMMISSIONER

KOLAR DISTRICT,

KOLAR - 563 101.

6 .

STATE OF KARNATAKA

BY ITS SECRETARY,

DEPARTMENT OF REVENUE,

MULTISTORIED BUILDING,

VIDHANA VEEDHI,

BENGALURU - 560 001.

&.RESPONDENTS

(BY SRI. K.J. JAGADEESHA, ADVOCATE FOR R-1 TO R-3

SRI. M. SANDESH KUMAR, HCGP FOR R-4 TO R-6)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO QUASH THE IMPUGNED ORDERS PASSED BY THE

ASSISTANT

COMMISSIONER,

KOLAR

SUB-DIVISION,

KOLAR DATED 17.5.2017 VIDE ANNEXURE-A AND THE

IMPUGNED

ORDER

PASSED

BY

THE

DEPUTY

COMMISSIONER, KOLAR DISTRICT, KOLAR IN CASE

DATED 28.1.2019 VIDE ANENXURE-B.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 02.12.2021, COMING ON FOR

PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING:

3

O R D E R

The petitioner being aggrieved by the order

dated 17.05.2017, passed by respondent No.4 vide

Annexure-A and also order dated 28.01.2019, passed

by respondent No.5 vide Annexure-B, has filed this

writ petition.

2. Brief facts leading rise to filing of this petition

are as under:

The petitioner is the owner in possession of land

bearing Sy.No.189 measuring to an extent of 3 acres

situated at Dombarahalli Village, Kasaba Hobli, Malur

Taluk. The petitioner had purchased the schedule

property from his vendor namely Smt. S. B. Sujatha

and

her

two

sons

namely

M.B.Manjunath

and

M.B.Upendra, i.e., respondent Nos.2 and 3, under

registered sale deed dated 22.08.2002. After

purchasing the said land, the said property was

4

transferred in the name of the petitioner in the

revenue records. The respondent Nos.1 to 3 filed an

application under Section 5 of the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act,

1989 ('the PTCL Act' for short), seeking for declaration

of registered sale deed as null and void and for

resumption of land. The respondent No.4 after

holding

an

enquiry,

passed

an

order

dated

17.05.2017,

allowing

the

application

filed

by

respondent Nos.1 to 3. The petitioner aggrieved by

the order passed by respondent No.4 preferred an

appeal before respondent No.5. The respondent No.5

dismissed the appeal filed by the petitioner vide order

dated 28.01.2019. Hence this petition.

3. Heard learned counsel for petitioner and

learned counsel for respondent Nos.1 to 3 and learned

HCGP for respondent Nos.4 to 6.

5

4. Learned counsel for the petitioner submits

that respondent Nos.4 and 5 failed to consider that

the respondent Nos.1 to 3 failed to furnish the original

grant certificate to establish that said land is a granted

land under the category of SC-ST. He further submits

that respondent No.4 directed the area Tahsildar to

produce the original records, whereas the Tahsildar

responded to the direction issued by respondent No.4

stating that no original records are found. The

respondent Nos.1 to 3 without producing the original

grant certificate under the category of SC-ST, filed an

application under Section 5 of the PTCL Act after 26

years of the said grant. In support of his argument,

he has placed reliance on