1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JULY 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.A.NO.404 OF 2009 (SC-ST)

IN

W.P.NO.6401 OF 2006 (SC-ST)

BETWEEN:

SMT. LAKSHMIDEVAMMA

W/O SRI. LAXMANA

AGED ABOUT 45 YEARS

R/O KOTHAGANAHALLI, SOLUR HOBLI

MAGADI TALUK

BANGALORE RURAL DISTRICT.

... APPELLANT

(BY SRI. K.N. NITISH, ADV., FOR

SRI. K.V. NARASIMHAN, ADV.,)

AND:

1.

SMT. JAYAMMA

W/O KEMPAIAH

AGED ABOUT 54 YEARS

R/O KANTEERAVA NAGARA

JARAKBANDE KAVALU

YESHWANTHPURA HOBLI

BANGALORE-22.

2.

SRI. HANUMANTHARAYA

S/O LATE HANUMAIAH

AGED ABOUT 57 YEARS

R/O. G. JALAHALLI, I.M.X. AREA

2

GANGAMMAGUDI CIRCLE

JALAHALLI, BANGALORE-14.

3.

SRI. ANNAIAH @ THIMMAIAH

SINCE DEAD BY LRS.

3(a) SMT. MUNIYAMMA

W/O THIMMAIAH @ ANNAIAH

AGED ABOUT 75 YEARS.

3(b) SRI. NAGRAJ

S/O THIMMAIAH @ ANNAIAH

BOTH ARE R/AT KOTHAGANAHALLI

SOLUR HOBLI, MAGADI TALUK

BENGALURU RURAL DISTRICT.

(AMENDED AS PER COURT ORDER DATED:6.2.2015)

4.

SRI. HANUMARANGAIAH

S/O ANJANAPPA

AGED ABOUT 45 YEARS

R/O. GERUPALYA VILLAGE

SOLUR HOBLI, MAGADI TALUK

BANGALORE RURAL DISTRICT.

5.

THE ASSISTANT COMMISSIONER

RAMANAGARAM SUB-DIVISION

RAMANAGARAM 571511.

6.

THE DEPUTY COMMISSIONER

BANGALORE RURAL DISTRICT

BANGALORE-90.

... RESPONDENTS

(BY SRI. R. KUMAR, ADV., FOR R1 (ABSENT)

SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R5 & R6

R2, R3(a), R3(b) AND R4 SERVED)

- - -

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING, TO SET ASIDE THE ORDER PASSED IN

THE WRIT PETITION 6401/2006 DATED 04/12/2008.

3

THIS W.A. COMING ON FOR HEARING, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal filed under Section 4 of the Karnataka High

Court Act, 1961 assails the validity of the order dated

04.12.2008 passed by the learned Single Judge by which the

writ petition preferred by the appellant has been dismissed.

2. Facts leading to filing of this appeal briefly stated are

that one Yellamma submitted an application under the

provisions of Mysore (Personal and Miscellaneous) Inams

Abolition Act, 1954 (hereinafter referred to as 'the Inams

Abolition Act' for short) seeking occupancy rights in respect

of land bearing Sy.No.2 measuring 3 acres 11 guntas

situated at Kothaganahalli, Solur Hobli, Magadi Taluk. The

aforesaid application was allowed and occupancy rights were

granted by an order dated 28.03.1965 and the aforesaid

Yellamma was directed to be registered as holder of thoti

service inam under Section 8 of the Inams Abolition Act.

Thereafter, the aforesaid Yellamma, by registered sale deeds

dated 22.06.1994 and 09.11.1998, sold lands measuring 1

acre and 1 acre 6 guntas respectively, to the appellant.

4

Thereafter, the daughter of Yellamma namely Jayamma 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 'the PTCL

Act' for short). The Assistant Commissioner, by an order

dated 02.08.2004, set aside the sale and ordered restoration

of the land in favour of respondent No.1. The aforesaid order

was

subject

matter

of

appeal

before

the

Deputy

Commissioner which was dismissed by an order dated

04.04.2006.

The

orders

passed

by

the

Assistant

Commissioner and the Deputy Commissioner under the PTCL

Act were challenged by the appellant in a writ petition before

the learned Single Judge. The learned Single Judge, by an

order dated 04.12.2008, dismissed the petition preferred by

the appellant. In the aforesaid factual background, this

appeal has been filed.

3. Learned counsel for the appellant submitted that the

Assistant Commissioner, Deputy Commissioner and the

learned Single Judge ought to have appreciated that sin