IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 902 OF 2023 (SC-ST)

BETWEEN:

1. SRI MUNIYAPPA S/O LATE SESHAPPA AGED ABOUT 57 YEARS R/AT KEREGUDDADAHALLI CHIKKABANAVARA POST YESHAWANTHAPURA HOBLI BENGALURU NORTH TALUK-560 090.

…APPELLANT (BY SRI P.N. NANJA REDDY, ADVOCATE)

Digitally signed by H AND:

K HEMA Location:

High Court

1. THE STATE OF KARNATAKA of Karnataka DEPARTMENT OF REVENUE, VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT K.G. ROAD, BENGALURU-560 009.

3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVAN, K.G. ROAD BENGALURU-560 009.

4. SHRI. T.K. KEMPARAJU S/O LATE KRISHNAPPA AGED ABOUT 64 YEARS R/AT NO.846, L.N. COLONY

6^TH MAIN ROAD BENGALURU-560 022.

5. SHRI. P. JAGADISH S/O C. PADMANABHAIAH AGED ABOUT 41 YEARS R/AT "NIRMALA MAHAL"

AYYAPPA LAYOUT MALLASANDRA EXTENSION T. DASARAHALLI POST BENGALURU-560 057.

…RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R.1 TO R.3;

SRI K. ANANDA, ADVOCATE FOR C/R.5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.46702/2019 DATED 10.07.2023 AND DISMISS THE WRIT PETITION FILED BY THE 5^TH RESPONDENT AND GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the order dated 10.07.2023 passed in Writ Petition No.46702 of 2019, respondent No.5 therein has preferred this appeal.

2. The land in question was granted in favour of the grandfather of the appellant by the State in the year 1978. The appellant belongs to Scheduled Caste/Scheduled Tribe. The grantee sold the land in favour of one Paul Ambookar in the year 1989, who in turn sold it to one Aswathamma. The grantee filed an application for restoration of the land under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the PTCL Act' for short) and the same was restored in his favour. Thereafter, by an order dated 29.03.2004, the land has been converted for non-agricultural purposes. Subsequently, a General Power of Attorney is said to have been executed by the grantee in favour of one Padmanabhaiah C., who sold the land in favour of his wife in the year 2004 by utilising the said General Power of Attorney. However, the grantee and his wife cancelled the General Power of Attorney in the year 2006 and sold the land in favour of respondent no.4. Thereafter, respondent No.4 has sold the land in favour of respondent No.5 under a registered sale deed dated 17.06.2011. On 17.06.2012, the appellant herein on the ground that the original grantee had died and that he had succeeded to his interest in the land filed an application for restoration of the land on the ground that the transfers made were in contravention of the PTCL Act. Respondent No.3 before whom the said application was made rejected the petition filed by the appellant. The appellant preferred an appeal before respondent No.2 who allowed the said appeal in favour of the appellant and ordered for restoration of the land in his favour. Aggrieved by the same, respondent No.5 herein preferred Writ Petition No.46702 of 2019 and challenged the order of respondent No.2. The learned Single Judge on the ground that the land has been converted for non-agricultural purposes way back in the year 2004 and that alienations have taken place subsequent to it and for that reason, the land loses it character of a granted land and hence, the appellant herein is not entitled for the protec