1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 16^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.N.DESAI

WRIT PETITION No.200444/2018 (SC/ST)

& No.200474/2018

BETWEEN:

SRI. RACHAPPA S/O MAHADEVAPPA GULED

AGE: 53 YEARS OCC: AGRICULTURE

R/O: TAMBA TQ: INDI

DIST: VIJAYAPUR - 586 215

…PETITIONER

(SRI. S. S. HALALLI, ADVOCATE)

AND:

01. THE DEPUTY COMMISSIONER

VIJAYAPUR DISTRICT

VIJAYAPUR - 586 101.

02. THE ASSISTANT COMMISSIONER

INDI, SUB-DIVISION INDI

586211.

03. THE TAHASILDAR INDI

TALUKA INDI, DISTRICT VIJAYAPUR

586 211.

04. SOMALING S/O RAVUTAPPA MADAR

AGE: 46 YEARS OCC: AGRICULTURE

R/O: TAMBA TQ: INDI

DIST: VIJAYAPUR - 586 215.

05. SMT. PARVATI W/O RAVUTAPPA MADAR

AGE: 76 YEARS OCC: HOUSEHOLD

R/O: TAMBA TQ: INDI

DIST: VIJAYAPUR - 586 215.

2

06. SRI. PEERAPPA S/O RAVUTAPPA MADAR

AGE: 52 YEARS OCC: AGRICULTURE

R/O: TAMBA TQ: INDI

DIST: VIJAYAPUR - 586 215.

…RESPONDENTS

(SRI. SHARANABASAPPA M. PATIL, HCGP, FOR R1 TO R3

SRI. S. V. DESHMUKH, ADVOCATE FOR R4 AND R6

SRI. D. P. AMBEKAR, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER IN

THE LIKE NATURE QUASHING THE IMPUGNED ORDER

DATED

28.06.2016

VIDE

NO.PTCL:«¤¢ü:21:2015-16

PASSED

BY

THE

2ND

RESPONDENT

ASSISTANT

COMMISSIONER - ANNEXURE-G AND AN ORDER DATED

28.12.2017 VIDE ORDER NO.LND/PTCL/APPEAL/3/2016-

17

PASSED

BY

THE

1ST

RESPONDENT

DEPUTY

COMMISSIONER ANNEXURE-H AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY

HEARING - B GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

3

O R D E R

This petition is filed praying to issue a writ of

certiorari

quashing

the

impugned

order

dated

28.06.2016

vide

No.PTCL:«¤¢ü:21:2015-16

by

the

respondent No.2 - Assistant Commissioner as per

Annexure - G and order dated 28.12.2017 vide order

No.LND/PTCL/APPEAL/3/2016-17

passed

by

the

respondent No.1 - Deputy Commissioner - Annexure-H.

02.

It is contended by the petitioner that the

father of the respondents No.4 and 6 and husband of

respondent No.5 - Ravutappa Madar was granted the

land bearing Sy.No.914/x/3 (As per Annexure-E)

measuring 03 acres 03 guntas under Section 77 of the

Karnataka Land Reforms Act, 1956 under the scheduled

caste quota by a common order of respondent No.2 -

Assistant Commissioner dated: 25.11.1982 as per the

decision of the Land Tribunal order date 13.10.1977, as

per Annexures-A and B. The name of the said

4

Ravutappa is at Sl.No.2 of the order of the Land

Tribunal dated 25.11.1982. The said order of grant was

subject to condition of 15 years non-alienation period.

The grantee - Ravutappa has paid the sale amount to

the Government on 01.08.1997 and had taken paid

certificate. The 15 years non-alienation period expired

on 26.02.1998. In view of payment of entire sale

consideration amount to the Government and after

expiry of 15 years of non-alienation period, the

respondent No.3 - Tahasildar had deleted the non-

alienation condition by an order dated 27.02.1999 as

per Annexure-C.

03.

The

present

petitioner

being

bonafide

purchaser of the said land which was granted to

Ravutappa by registered sale deed dated 12.07.1999

from the said Ravutappa as per Anenxure-D. The

petitioner after verification of the grant order, condition

of non-alienation period and deletion of non-alienation

condition by the Tahasildar by an order dated

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27.02.1999, has purchased the land. In pursuant to the

registered sale deed dated 12.07.1999 the name of the

petitioner was effected in the RTC and continued till

today. The petitioner is in peaceful possession and

cultivation the land from the date of registered sale deed

as per Annexure-E.

04.

After

the

death

of

original

grantee

-

Ravutappa the respondents No.4 and 5 filed an

application before the Assistant Commissioner