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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

WRIT PETITION No.28263/2004 (SC/ST)

BETWEEN

SRI JAYANNA

AGED ABOUT 40 YEARS,

S/O. BADAGI SURAIAH,

RESIDING AT CHITRAYYANAHATTI,

CHELLAKERE TOWN,

CHELLAKERE TALUK,

CHITRADURGA DISTRICT.

…PETITIONER

(BY SMT. MANJULA D., ADV., FOR

SRI L. SRINIVASA BABU, ADV.)

AND

1.

THE DEPUTY COMMISSIONER

CHITRADURGA DISTRICT,

CHITRADURGA.

2.

THE ASSISTANT COMMISSIONER

CHITRADURGA SUB-DIVISION,

CHITRADURGA.

3.

SMT. KHATEJABI

W/O. BUDEN SAB,

SINCE DECEASED BY LR:

SRI SYED ILYAS,

S/O. SYED BUDEN SAB,

AGED ABOUT 50 YEARS,

2

RESIDING AT CHELLAKERE TOWN,

CHELLAKERE TALUK,

CHITRADURGA DISTRICT.

…RESPONDENTS

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

SRI KALEEMULLAH SHARIFF, ADV., FOR R3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

QUASH VIDE ANNEXURE-E DATED 30.06.2004 BY R1 AND ALSO

VIDE ANNEXURE-B DATED 29.09.1995 BY R2 AND DIRECTION

TO THE R2 TO RESTORE THE LAND IN QUESTION IN FAVOUR

OF THE PETITIONER.

THIS WRIT PETITION COMING ON FOR DICTATING

ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the legal heir of the grantee

by

challenging

the

order

passed

by

the

Deputy

Commissioner-respondent No.1 vide Annexure-E dated

30.06.2004 for having cancelled the order passed by the

Assistant Commissioner for resumption of the land.

2.

Heard the arguments of learned counsel for the

petitioner and learned counsel for respondent No.3 as well

as learned HCGP appearing for respondent Nos.1 and 2.

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3.

The case of the petitioner before the Assistant

Commissioner is that the land in survey No.213 (New

No.499) situated at Challakere village has been granted to

Basaiah measuring 5 acres as per the grant order dated

23.10.1954 by the Deputy Commissioner with a condition,

not

to

alienate

the

granted

land

for

20

years.

Subsequently, on 10.02.1972, the said granted land has

been purchased by the Smt. Khutejabi and subsequently,

in view of the commencement of the Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer of

Certain Lands Act), 1978, the Assistant Commissioner took

up suo motu proceedings under Section 5 of the PTCL Act

(hereinafter referred to as ‘Act’) on the report submitted

by the Taluk Tahsildar and after issuing notice to the legal

heir of the grantee as well as the purchaser in the year

1995-1996. Subsequently, the legal heir of the grantee is

said to be filed an application for restoration of the land.

The Assistant Commissioner on the previous occasion

dismissed the application of the legal heir of the grantee.

However, the land has been resumed to the State as per

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Section 5(b) of the PTCL Act by order dated 29.09.1995.

Assailing the resumption of the land, the purchaser filed an

appeal before the Deputy Commissioner by taking various

contentions and the Deputy Commissioner dismissed the

appeal filed by the purchaser as per Annexure-C dated

13.08.1997. Later the purchaser filed the Writ Petition

before

this

Court

in

W.P.No.36550/1997,

dated

14.10.1998 wherein this Court allowed the writ petition

and remitted the matter back to respondent No.1- Deputy

Commissioner. Subsequently, the Deputy Commissioner

by his order dated 30.06.2004 allowed the appeal in

respect of appeal filed by the purchaser holding that the

grantee does not belong to SC/ST and the caste of the

grantee was included in the list of schedule only in the

year 1991. Therefore, the land granted under Annexure-A

was not granted land under PTCL Act, therefore, set aside

the

order

of

resumption

passed

by

the

Assistant

Commissioner by its order dated 30.06.2004. Assailing

the said order, the legal heir of the grantee