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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF OCTOBER, 2019

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

WRIT PETITION No.2565 of 2007 (SC/ST)

BETWEEN

M. BHASKARA REDDY,

SON OF MALLA REDDY,

AGED ABOUT 38 YEARS,

4/1, MUNISWAMAPA LAYOUT,

SWAMY VIVEKANANDA ROAD,

ULSOOR,

BANGALORE – 560 008.

… PETITIONER

(BY SRI ABINAY Y.T., ADVOCATE FOR

SRI N.S. SANJAY GOWDA, ADVOCATE)

AND

1.

THE SPECIAL DEPUTY COMMISSIONER,

BANGALORE DISTRICT,

BANGALORE.

2.

THE ASSISTANT COMMISSIONER,

BANGALORE NORTH SUB-DIVISION,

BANGALORE.

3.

SMT. MUNIVENKATAMMA

SINCE DEAD BY HER LRs.,

3(a). YELLAPPA,

SON OF LATE LAKSHMAIAH,

MAJOR,

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3(b). MUNISWAMY,

SON OF LATE LAKSHMAIAH,

MAJOR,

3(c). SMT. MUNIYAMMA,

DAUGHTER OF LATE LAKSHMAIAH,

MAJOR,

(SINCE DEAD BY LRs)

3(c)(i) SOMASHEKAR,

S/O LATE MUNIYAMMA,

AGED ABOUT 33 YEARS,

3(c)(ii) PURUSHOTHAMA,

S/O LATE MUNIYAMMA,

AGED ABOUT 30 YEARS,

3(c)(iii) BALARAJA,

S/O LATE MUNIYAMMA,

AGED ABOUT 28 YEARS,

3(c)(iv) KUMAR,

S/O LATE MUNIYAMMA,

AGED ABOUT 26 YEARS,

ALL ARE RESIDENT OF

CHIKKABASAVANAPURA,

VIRGONAGAR POST,

KRISHNARAJPURAM HOBLI,

BANGALORE EAST TALUK.

3(d). SMT. MUNIYAMMA,

WIFE OF MUNIKRISHNA, MAJOR,

3(e). MANJU,

SON OF LATE MUNIKRISHNA,

RESPONDENTS No.3(a) TO (e) ARE

RESIDING AT

CHIKKABASAVANAPURA,

VIRGONAGAR POST,

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KRISHNARAJPURAM HOBLI,

BANGALORE EAST TALUK.

… RESPONDENTS

(BY SMT. SAVITHRAMMA, HCGP for R1 & R2;

SRI B.K. CHANDRASHEKAR, ADVOCATE for R3(c)(i to iv);

SRI SRIHARI A.V., ADV FOR R3 (a,b,d,e)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

QUASH

THE

ORDERS

DATED

25^TH

SEPTEMBER

2006

(ANNEXURE-D) PASSED BY THE 1^ST RESPONDENT IN SC.ST (A)

40 of 2005-2006 AND ALSO THE ORDERS DATED 25^TH MAY

2005 PASSED BY THE 2^ND RESPONDENT IN K. SC.ST.20 of

2004-2005 (ANNEXURE–C) AND CONSEQUENTIALLY REJECT

THE CLAIM OF THE 3^RD RESPONDENT FOR RESUMPTION AND

DECLARE THAT SECTION 4(2) OF ACT 2 of 1979 CAN BE MADE

APPLICABLE ONLY IN RESPECT OF GRANTED LANDS WHOSE

STIPULATED FOR NON-ALIENATION HAS NOT YET EXPIRED AS

ON 01.01.1979.

THIS WRIT

PETITION HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 11.10.2019 AND COMING ON

FOR PRONOUNCEMENT, THIS DAY THE COURT PRONOUNCED

THE FOLLOWING:

ORDER

The petitioner has filed this petition challenging the

order dated 25.05.2005 passed by respondent No.2-

Assistant Commissioner in K.SC.ST.20/2004-05 which was

confirmed

by

respondent

No.1-Special

Deputy

Commissioner in SC.ST(A) 40/2005-06 vide order dated

25.09.2006.

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2.

I have heard learned counsel for the petitioner,

learned counsel for the respondents as well as learned

High Court Government Pleader.

3.

The case of respondent No.3-Munivenkatamma

before the Assistant Commissioner is that the land in

Sy.Nos.24 & 25 of Basavanapura village, measuring 1 acre

20 guntas has been granted to her on 12.03.1979 as per

Annexure-A. As per Annexure-B, the Government also

issued Saguvali Chit on 19.04.1979. The respondent No.3

was in possession of the said land. Subsequently, the

said land was sold by respondent No.3 to one Masthan

Khan on 21.03.1994, who in turn sold the said land to

R.Keshava on 21.03.1996. Thereafter, the said Keshava

sold a portion of the land to an extent of 22 guntas to the

present petitioner M.Bhaskara Reddy on 23.09.1996 and

sold the remaining land to other two persons under

different sale deeds. Based upon the sale deed dated

23.09.1996, the petitioner is in possession and enjoyment

of the land and subsequently, the legal heirs of the

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deceased Munivenkatamma filed an application under

Section 5 of the Karnataka Scheduled Castes and

Scheduled Tribes (Prohibition of Transfer of Certain Lands)

Act, 1978, (‘PTCL Act’ for short) before