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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF AUGUST, 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT APPEAL NO.4683 OF 2015 (SCST)

BETWEEN:

SHRI T THIPPESWAMY,

S/O CHIMMANNA,

AGE MAJOR,

R/AT.GOLLAHALLI VILLAGE,

HIRIYUR TALUK,

CHITRADURGA DISTRICT,

PIN CODE - 572 143. ...APPELLANT

(BY SRI PAVAN KUMAR N, ADVOCATE FOR

SRI L SRINIVAS BABU, ADVOCATE)

AND:

1. SHRI JAYARAMAPPA,

S/O.LATE.ERANNA,

AGED ABOUT 70 YEARS,

R/A T.GOLLAHALLI VILLAGE,

HIRYUR TALUK-572 143,

CHITRADURGA DISTRICT.

2. STATE OF KARNATAKA,

REVENUE DEPARTMENT,

5TH FLOOR, MS BUILDING,

DR.B.R.AMBEDKAR VEEDHI,

BANGALORE-01,

REP. BY ITS SECRETARY.

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3. DEPUTY COMMISSIONER,

CHITRADURGA DISTRICT,

CHITRADURGA-577 501.

4. ASSISTANT COMMISSIONER,

CHITRADURGA SUB DIVISION,

CHITRADURGA-577 501.

5. SHRI SHANUBHOGA,

S/O.GOVINDAPPA,

AGE:MAJOR,

6. SHRI KENCHANNA,

S/O.PATHAJJA,

SINCE DECEASED BY LRS,

HANUMANTHAPPA,

S/O.KENCHAPPA,

AGE:MAJOR,

7. SHRI LINGANNA,

S/O.PATHAJJA,

AGE:MAJOR,

RESPONDENTS 5 TO 7 ARE

ALL ARE RESIDENT OF

T.GOLLAHALLI VILLAGE,

HIRIYUR TALUK,

CHITRADURGA DISTRICT-572 143. …RESPONDENTS

(BY SRI SHIVA PRABHU S HIREMATH, AGA FOR R2-R4,

V/O/DTD 22.04.2019 APPEAL AGAINST R1, R5-R7 STANDS

DISMISSED)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE

THE ORDER PASSED IN THE WRIT PETITION NO.6374/2012

DATED 28/01/2014.

THIS APPEAL COMING ON FOR PRELIMINARY HEARING

THIS DAY, HEMANT CHANDANGOUDAR J., DELIVERED THE

FOLLOWING:

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JUDGMENT

This intra-court appeal under Section 4 of the

Karnataka High Court Act, 1961 is filed against the order

dated 28.1.2014 passed by the learned single Judge in WP

No.6374/2012.

2.

The land bearing Sy.No.53/3, New No.81 of

T Gollahalli village in Hiriyur Taluk was granted in favour of

one Maramma on 7.6.1929 with a condition that the said

land shall not be alienated for a period of 20 years without

the prior permission of the Deputy Commissioner. The

original grantee sold the land in favour of the 5th

respondent on 25.7.1952 and in turn, he sold the said land

in 1953 in favour of the 6th respondent who in turn sold

the same in favour of the 7th respondent on 30.11.1960.

Thereafter, the 7th respondent sold the land in favour of

the respondent No.1.

3.

The appellant herein claiming to be the legal

representative of the deceased original grantee filed an

application before the Assistant Commissioner under

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Section 5 of the Karnataka Scheduled Caste and Scheduled

Tribe (Prohibition of Transfer of Certain Lands), Act, 1978

(for short `the Act’) seeking resumption and restoration of

the land alleging that the land was sold in violation of the

conditions of the grant prohibiting alienation. The

Assistant

Commissioner

allowed

the

application

by

declaring that the sale deed as void and ordered for

resumption and restoration of land in favour of the original

grantee. Being aggrieved, the 1st respondent filed an

appeal before the Deputy Commissioner. The Deputy

Commissioner by order dated 8.2.2012 dismissed the

appeal confirming the order passed by the Assistant

Commissioner restoring the land in question in favour of

the original grantee. Taking exception to the same, the

1st respondent preferred writ petition before this Court.

4.

The learned Single Judge allowed the writ

petition and quashed the impugned orders passed by the

respondents No.3 and 4. Being aggrieved, this appeal is

filed.

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5.

Learned counsel for the appellant submitted

that the transfer of land made by the original grantee

without

obtaining

the

permission

of

the

Deputy

Commissioner is in violation of the conditions specified in

the grant order. He further submitted that the Rule 43(8)

of the My