The land bearing Sy.No.73, New Sy.No.145

measuring 01 acre situated at Kannamangala village,

Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District

was granted in favour of one late Sri. Nagappa, who

belonged to Scheduled Caste community vide grant order

bearing No.29/1955-56 dated 28.11.1956. The subject

land was conveyed in favour of Sri.Doddamuniyappa by

registered sale deed dated 22.12.1966. The petitioner

claiming to be the legal representative of deceased

grantee filed an application under Section 5 of PTCL

Act,1978 ('the Act' for short) stating that the sale deed

executed in favour of Sri. Doddamuniyappa was in

contravention of Section 4 (1) of the PTCL Act, 1979 and

the Assistant Commissioner concerned by order dated

16.05.1994 restored the subject land in favour of

petitioner and the same was confirmed by the Deputy

Commissioner in the appeal filed by purchaser. Thereafter,

the petitioner conveyed the subject property in favour of

respondent No.2 by executing a registered sale deed

dated 11.04.2001. The petitioners filed an application

4

under Section 5 of the Act before Assistant Commissioner

concerned for Resumption and restoration of subjected

land on the ground that the sale deed executed was in

contravention of Section 4(2) of the Act. Assistant

Commissioner concerned allowed the application and

restored the subject property in favour of the petitioners.

Against which, respondent No.2 filed an appeal under

Section 5 of the PTCL Act.

The Deputy Commissioner concerned set aside

the

order

passed

by

the

Assistant

Commissioner

concerned and dismissed the application filed by the

petitioners under Section 5 of the Act. Against which,

present petition is filed.

3.

I have examined the submission made by

learned counsel for both parties.

4.

It is undisputed that the subject property was

converted for non-agricultural residential purpose vide

order dated 10.04.2001 under Section 95 of the Karnataka

Land Revenue Act. Thereafter, the petitioners have

5

executed the registered sale deed dated 11.04.2001

conveying the Schedule property in favour of respondent

No.2.

5.

Petitioners after 6 years from the date of

conveying the subject property in favour of respondent

No.2 filed a petition under Section 5 of the Act alleging

that the sale deed was executed in contravention of

Section 4(2) of the Act. Assistant Commissioner concerned

allowed the application against which the respondent No.2

filed an appeal and the Deputy Commissioner concerned

dismissed the application filed by the petitioner stating

that provisions for PTCL Act are not applicable since as on

the date of sale the subject property seized to be a

granted land as defined under Section 3 (1)(b) of the Act.

The Full Bench of this court in the case of Sri. Munaya

Vs. The Deputy Commissioner and others in WP

No.60483/2016 disposed of on 5.07.2021 has held that :

"Once such permission for conversion

of land granted under Section 95(2) of Act by

Deputy

Commissioner,

the

aforesaid

land

loses its nature as a "granted land" and

6

therefore,

the

protection

available

under

Section 4(2) of the Act is no longer available.

Accordingly the second issue is answered in the

affirmative."

6.

The subject property having been converted

for residential purpose before it was conveyed to the

petitioner, the protection available under Section 4(2)

of the Act is no longer available in view of the ratio laid

down by the Full bench in W.P.No.60483/2016. Hence,

the application filed under Section 5 of the Act for

restoration is not maintainable. I do not find illegality and

infirmity

in

the

impugned

order

passed

by

respondent No.1.

Accordingly, petition stands dismissed.

Sd/-

JUDGE

BH