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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

WRIT PETITION N0.1136/2015 (SC/ST)

BETWEEN:

1.

SMT. ANNAPURANAMMA

W/O LATE T.S.SHEKARAPPA,

AGED ABOUT 58 YEARS,

2.

SRI HARISH

S/O LATE T.S.SHEKARAPPA,

AGED ABOUT 38 YEARS,

3.

SRI MANJUNATH S.

S/O LATE T.S.SHEKARAPPA,

AGED ABOUT 38 YEARS,

PETITIONERS Nos.1 TO 3 ARE

RESIDENTS OF THAVERAKERE VILLAGE,

CHENNAGIRI TALUK,

DAVANAGERE DISTRICT.

... PETITIONERS

(BY SRI N.M.HANDRAL, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

DEPARTMENT OF REVENUE,

M.S. BUILDING,

BANGALORE – 560 001.

REP. BY ITS SECRETARY.

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2.

THE DEPUTY COMMISSIONER

DAVANAGERE DISTRICT,

DAVANAGERE – 577 002.

3.

THE ASSISTANT COMMISSIONER

DAVANGERE SUB-DIVISION,

DAVANGERE – 577 002.

4.

SMT. PUTTAMMA

W/O YELLAPPA,

AGED ABOUT 63 YEARS,

R/AT THAVAREKERE VILLAGE,

CHANNAGIRI TALUK,

DAVANAGERE DISTRICT – 577 001.

5.

SMT. THOLACHAMMA

W/O RUDRAPPA,

AGED ABOUT 61 YEARS,

R/AT HANUMALAPURA VILLAGE,

CHANNAGIRI TALUK,

DAVANGERE DISTRICT – 577 001.

6.

SMT. LAKSHMAMMA

W/O PARAMESHWARAPPA,

AGED ABOUT 60 YEARS,

R/AT GADAMANAHALLI VILLAGE,

CHICKMANGALORE DISTRICT – 577 011.

7.

SRI ABDUL SUBHAN

S/O LATE ABDUL AJEEZ,

AGED ABOUT 56 YEARS,

8.

SRI ABDUL MAZEED

S/O LATE ABDUL AJEEZ,

AGED ABOUT 54 YEARS,

9.

SRI ABDUL MUNAF

S/O. LATE ABDUL AJEEZ,

AGED ABOUT 52 YEARS,

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RESPONDENT Nos.7 TO 9 ARE

R/AT THAVAREKERE VILLAGE,

CHANNAGIRI TALUK,

DAVANGERE DISTRICT – 577 001.

10.

SRI M. PACHHIYAPPA GOWNDER

S/O MANIKYA GOWNDER,

MAJOR,

R/AT THAVAREKERE VILLAGE,

CHANNAGIRI TALUK,

DAVANGERE DISTRICT – 577 001.

… RESPONDENTS

(BY SMT. SAVITHRAMMA, HCGP FOR R1, R2, R3;

SRI PRAKASH M.PATIL, ADV., FOR R4-R6;

R7, R8, R9 ARE SERVED

R10 IS DELETED VIDE ORDER DATED 23.09.2019)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE IMPUGNED ORDER PASSED BY THE R2

DATED 28.11.2014 VIDE ANNEXURE-K.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

This petition is filed by the petitioners challenging

the order passed by the Deputy Commissioner vide

order dated 28.11.2014, Annexure-K, for resuming and

restoring the land in favour of respondent Nos.4 to 6.

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2.

Heard the arguments of learned counsel for

the petitioners, learned HCGP for respondent Nos.1 to 3

and learned counsel for respondent Nos.4 and 6.

Though, respondent Nos.7, 8 and 9 are served, have

remained absent.

3.

The case of the petitioners is that the land in

Sy.No.30/1 measuring 5 acres situated at Kolkere

Village, Channagiri Taluk, Davanagere District, was

granted to one Rangappa on 30.08.1955 as per the

darkhast rules prevailing at that time. The said

Rangappa sold all 4 acres of land to one Abdul Ajeez on

22.11.1966 and in turn, the said Abdul Ajeez sold 4

acres of land to one Pachchiyappa Goundar on

13.07.1972. Later, the husband of 1^st petitioner namely

T.S.Shekarappa had purchased 1 acre of land from

Abdul Ajeez on 03.09.1981 and 4 acres of land from

Pachchiyappa Goundar on the same day. Totally 5 acres

of land was purchased by him. Subsequently, after the

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commencement of the Act, the LRs of original grantee

filed an application 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) on 25.02.2010 for

resumption and restoration of the land. The Assistant

Commissioner-respondent

No.3

has

rejected

the

application vide order dated 19.08.2013, Annexure-H.

Assailing the same, the LRs of original grantee filed an

appeal before the Deputy Commissioner, Davanagere

District, under Section 5-A of the PTCL Act. The Deputy

Commissi