1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF MARCH 2020

BEFORE

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

W.P.No.40384 OF 2011(SC-ST)

BETWEEN:

1.

Smt. Shamalamma,

W/o Shamanna,

Aged about 75 years,

R/at No.72 Munnekolalu Village,

Varthur Hobli,

Bangalore East Taluk,

Bangalore-560 037.

2.

Sri. M.S.Shankara Reddy,

S/o Shamanna,

Aged about 55 years,

R/at No.23, 4^th A Cross,

Near Ashvini Stores,

Munnekolalu Village, Varthur Hobli,

Bangalore East Taluk,

Bangalore-560 037.

… Petitioners

(By Sri.D.N.Nanjunda Reddy, Senior Counsel, for

Sri. Reuben Jacob, Advocate)

AND:

1.

Sri. Chikkamunishami @ Tahyiga,

Since dead by his LR’s.

2

1(a) Sri. Venkataswamy,

S/o Late. Thimmaiah,

Grand son of Sri. Chikkamunishami @ Tahyiga,

R/at Munnekolalu Village,

Varthur Hobli, Bangalore East Taluk,

Bangalore-560 037.

2.

Late. Changalaraya,

S/o Late Ganga,

Since deceased by his LRs.

2(a) Sri.C.Muniraju,

S/o Late Changalaraya.

2(b) Sri. C.Balakrishna,

S/o Late Changalaraya.

2(c) Smt. Pushpa,

D/o Late Changalaraya.

2(d) Smt. C. Shakuntala

D/o Late Changalaraya.

2(e) Smt. C. Padma,

D/o Late Changalaraya.

2(f) Sri. C. Mani,

S/o Late Changalaraya.

Since decease his LR’S.

R2(a) to R(f) are children’s of

Late Changalaraya All are R/at,

Munnekolalu Village, Varthur Hobli,

Bangalore East Taluk.

3.

The Special Deputy Commissioner,

Bangalore Urban District,

Bangalore.

3

4.

The Assistant Commissioner,

Bangalore North Sub-Division,

Bangalore.

5.

The Tahsildar,

Bangalore East Taluk,

K R Puram, Bangalore.

... Respondents

(By Sri.Vivek S Reddy, Senior Counsel for

Sri. K.N.Subba Reddy, Advocate for R2(a-f)

Sri. K.Suresh, Advocate for R1(a) & R2(b),

Smt. Savithramma, HCGP. For R3 to R5)

This writ petition is filed under Articles 226 & 227 of the

Constitution of India praying to quash the order dated:

10.10.2011 passed in SC:ST (A):03/2010-11 by the respondent

No.3 vide Annexure A to the writ petition and dismiss the said

appeal

preferred

by

the

Respondent

Nos.

1

&

2

in

SC:ST(A):03/2010-2011.

This writ petition, coming on for hearing, this day, the

Court, made the following:

ORDER

This writ petition is directed against the order dated

10.10.2011 vide Annexure-A passed by the third respondent

whereby the Special Deputy Commissioner has allowed the

appeal filed by the legal representatives of the original grantee

under Section 5A of the Karnataka Scheduled Castes and

Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act,

4

1978 (for short, ‘the PTCL Act’) and set aside the order passed

by the Assistant Commissioner.

2. The case of the petitioners is that the land bearing

Sy.No.131 (Old Sy.No.44/2) measuring 2 acres 32 guntas

situated at Munnekolalu Village, Varthur Hobli, Bangalore East

Taluk was originally granted in favour of one Chikkamuniswamy

@ Tayiga under Darkasth Rules on 06.03.1929 and saguvali chit

was issued on 20.05.1942. The original grantee sold the land in

favour of grandfather of the second under a sale deed dated

08,06.1944. From the date of purchase the petitioners are in

possession and enjoyment of the property. The PTCL Act came

into force on 01.01.1979. The authority has initiated suo-motu

proceedings in the year 2006 under Sections 4 and 5 of the PTCL

Act. The Assistant Commissioner by order dated 07.12.2007 has

dismissed the application. Being aggrieved by the same, the

legal representatives of the original grantee have filed an appeal

before the Deputy Commissioner under Section 5A of the PTCL

Act. The Deputy Commissioner by order dated 10.10.2011

allowed the appeal and set aside the order passed by the

5

Assistant Commissioner. Being aggrieved by the same, the

petitioners a