IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION NOS.6323/2011 & 6324/2011 (SC-ST) BETWEEN:
1. BYRALINGASHETTY S/O SANNASIDDASHETTY AGED ABOUT 65 YEARS 2. PARAMESHWARAPPA S/O BASAPPASHETTY AGED ABOUT 64 YEARS BOTH ARE RESIDING AT HANGARAHALLI VILLAGE DUDDA HOBLI HASSAN TALUK & DISTRICT. …PETITIONERS (BY SRI S.T.MAHESH, ADV.) AND:
1. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 2. THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION, HASSAN 3. DEVALANAIKA S/O THOLANAIKA MAJOR HANGARAHALLI VILLAGE DUDDA HOBLI HASSAN TALUK & DISTRICT. …RESPONDENTS (BY SMT.SAVITHRAMMA, HCGP FOR R1 & R2; SRI GIRISH B. BALADARE, ADV. FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 23.11.2010, ON THE FILE OF 1ST RESPONDENT-DEPUTY COMMISSIONER, HASSAN AS PER ANNEXURE-C, WHICH CONFIRMED THE ORDER DATED 16.2.2009, ON THE FILE OF 2ND RESPONDENT – ASSISTANT COMMISSIONER, HASSAN WHICH IS AS PER ANNEXURE-B AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR FURTHER ARGUMENTS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners, who are purchasers of an extent of 1 acre of agricultural land in Sy.No.1 (new Sy.No.50) of Hangarahally village, Alur Taluk, Hassan Taluk and District, have come up in these writ petitions impugning the order dated 16.2.2009 in No.PTCL:HSN/1/04-05 on the file of second respondent/Assistant Commissioner, Hassan Sub-Division, Hassan, in allowing the application filed under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (‘the Act’ for brevity), which is confirmed by the first respondent/Deputy Commissioner, Hassan in PTCL 1/09-10 by order dated 23.11.2010.
2. Brief facts leading to these writ petitions are as under:
The contesting third respondent Devalanaika is the son of one Tholanaika, who was granted 4 acres of land in Sy.No.1 (new Sy.No.50) of Hangarahally village, Dudda Hobli, Hassan Taluk and District. Admittedly, the grant is of the year 1944. The moratorium period, which was there, is for 15 years from the date of such grant. The records would indicate that the original grantee Tholanaika during his life time sold one acre of land in favour of the petitioners under two sale deeds. Under first sale deed dated 20.7.1966, 10 guntas of land was sold in favour of second petitioner’s brother and subsequently under second sale deed dated 18.4.1967, another 30 guntas was sold in favour of 1st petitioner’s father with which the petitioners’ father became absolute owner of 1 acre of land in Sy.No.1 (new Sy.No.50) of Hangarahally Village. It is seen that 36 years thereafter i.e., in the year 2003, an application in Form No.5 under the Act is filed by third respondent herein seeking restoration of the same, which is registered in proceedings No.PTCL:HSN/1/04-05 on the file of second respondent/Assistant Commissioner, Hassan Sub-Division, Hassan, which came to be allowed by order dated 16.2.2009 against which, the petitioners herein, who had by then succeeded to the property which was purchased by their father, preferred an appeal in PTCL 1/09-10 on the file of first respondent/Deputy Commissioner, Hassan, which came to be dismissed by order dated 23.11.2010, which are impugned in these writ petitions.
3. When these matters were taken up for final disposal, in the presence of learned Counsel for the petitioners as well as the contesting third respondent and learned Government Advocate for respondent Nos.1 and 2, it is brought to the notice of this Court that in the light of recent judgment pronounced in the matter of Nekkanti Rama Lakshmi –vs- State of Karnataka and Another in Civil Appeal No.1390/2009 disposed of by order dated 26.10.2017 (this judgment is not reported yet), the Hon’ble Apex Court has taken a view that even under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, if the sale is made contrary to the provisions of the said Act, the same should be challenged within reasonable period of time. Admittedly, the sale in the instant case is by the original grantee Tholanaika in the year 1966 and this was made under two sale deeds and the sale deeds are also 22 years after the grant was made and after completion of a moratorium period. However, the grantee during his life time has not raised any challenge to the sale deeds. It is now after his death, that too, belatedly after 33 years, his son Devalanaika/third respondent tried to challenge the same, which, in the light of the recent judgment of the Apex Court in aforesaid matter, does not merit consideration.
Accordingly, both the writ petitions filed by the children of original purchaser viz., petitioner Nos.1 and 2 herein, are allowed by quashing the order dated 16.2.2009 passed in PTCL:HSN/1/04-05 on the file of second respondent/Assistant Commissioner, Hassan Sub-Division, Hassan, which was confirmed by the first respondent/Deputy Commissioner, Hassan in PTCL 1/09-10 by order dated 23.11.2010. In view of quashing of the aforesaid two orders, title of petitioners to one acre of land in Sy.No.1 (new Sy.No.50) of Hangarahally village, Dudda Hobli, Hassan Taluk and District, is hereby confirmed in their names.
Sd/- JUDGE KNM/-