IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN WRIT PETITION Nos.49806-49808/2019 (SC-ST) BETWEEN:
1. M. KANTHARAJU, S/O MOTE GOWDA, AGED ABOUT 44 YEARS, R/O. MACHAGOWDANAHALLI, BASARALU HOBLI, MANDYA TALUK AND DISTRICT – 571 416.
2. K.L. RAVI KUMAR, S/O LAKSHMANA SHETTY, AGED ABOUT 46 YEARS, BALGAR VILLAGE, KUD MALLIGE POST, TIRTHAHALLI TALUK, SHIMOGA DISTRICT – 577 432.
3. G.D. YOGESHACHAR, S/O LATE DODDAPUTTACHAR, AGED ABOUT 57 YEARS, R/O. No.79/8, ARUN JOTHI GENERAL STORES, HONGASANDRA, BEGUR ROAD, BENGALORE – 68.
...PETITIONERS (BY SRI P. MAHESHA, ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, KANDHAYA BHAVANA, K.G. ROAD, BANGLAORE – 1.
2. TIPPAIAH, AGED ABOUT 55 YEARS, S/O LATE ALLELLAPPA, 3. KAVERAMMA, AGED ABOUT 51 YEARS, D/O LATE ALLELLAPPA, 4. MUNIYAMMA, AGED ABOUT 49 YEARS, D/O LATE ALLELLAPPA, ALL ARE RESIDING AT HULLAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT – 562 106.
5. THOMESHAPPA, S/O INNESHAPPA @ ANTHONAPPA, AGED ABOUT 59 YEARS, R/O MYLASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 076.
… RESPONDENTS (BY SMT. SAVITHRAMMA, HCGP FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R1 ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB- DIVISION DATED 17.03.2014 VIDE ANNEXURE-G AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners filed these petitions challenging the impugned order dated 17.03.2014 passed by respondent No.1-Assistant Commissioner, Bengaluru South Sub-Division, in K SC/ST (A) 126/2011-12 vide Annexure-G.
2. Heard the learned counsel for the petitioners.
3. These writ petitions are filed by the petitioners who are said to be the purchasers of a portion of land through registered sale deeds dated 13.07.2006 from their vendor S.A.Basha and who’s vendor purchased the land in question from respondent No.5 on 07.08.1995. It is alleged that the land in Sy.No.55 measuring 20 guntas situated at Hullahalli Village, Jigani Hobli, Anekal Taluk, was granted in favour of father of respondent Nos.2 to 4 on 04.10.1979. The legal representatives of the grantee 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) for restoration of land, which came to be allowed by respondent No.1-Assistant Commissioner by its order dated 17.03.2014 vide Annexure-G.
4. Learned High Court Government Pleader for respondent No.1 has brought to the notice of this Court that the petitioners are required to file an appeal under Section 5-A of the PTCL Act before the Deputy Commissioner, if he is aggrieved by the order of the Assistant Commissioner vide Annexure-G.
5. On perusal of the record prima facie it goes to show that the land in question was granted under the PTCL Act in favour of the father of respondent Nos.2 to 4 and subsequently, it was sold to one Thomeshappa in the year 1995 and the same was again sold in the year 2006 in favour of these petitioners. Though, the petitioners were not parties in the proceedings, however, under Section 5-A of the PTCL Act, the appeal provision is provided to approach the Deputy Commissioner who is the Appellate Authority under the PTCL Act. Therefore, the petitioners are required to file an appeal before the Deputy Commissioner, if he is aggrieved by the order of the Assistant Commissioner.
6. Therefore, the petitions are not maintainable at this stage without filing an appeal against the impugned order before the Deputy Commissioner.
7. Accordingly, petitions are dismissed.
However, liberty is reserved to the petitioners to approach the Deputy Commissioner under Section 5-A of the PTCL Act.
All contentions of the parties are kept open.
Sd/- JUDGE PB