IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.10913/2008(SC/ST) BETWEEN M.NARAYANASWAMY S/O MARIYAPPA AGED ABOUT 55 YEARS GADDADANEGENAHALLI VILLAGE VIJAYAPURA HOBLI DEVANAHALLI TALUK …PETITIONER (BY SRI K.R.ANANTHAMURTHY, ADVOCATE) AND :
1. MANJUNATHA S/O MUNINARASIMHAIAH MAJOR R/AT DR.AMBEDKAR COLONY DURGADEVI TEMPLE STREET, VIJAYAPURA TOWN DEVANAHALLI TALUK 2. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION VISHWESHWARAIAH TOWER BANGALORE.
3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT VISHWESHWARAIAH TOWER BANGALORE – 560 001 4. TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI …RESPONDENTS (BY SRI A.C.BALARAJ, ADVOCATE FOR R1, SMT.RAFIUNNISA, HCGP FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE TAHSILDAR R4, IN CHANGING THE MUTATION IN THE NAME OF THE R1, MR.NO.176 DATED 06.05.2008, AS PER ANNEXURE-D AND ETC., THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appellant in LND.SC/ST(A).27/2008-09 on the file of Deputy Commissioner, Bangalore Rural District, has come up in this petition.
2. Admittedly, the petitioner herein is purchaser of land bearing Sy.No.455 (Old No.160) measuring to an extent of 2 acres situated at Vijayapura Village, Devanahalli Taluk, Bangalore Rural District. The records would indicate that the petitioner herein has purchased the aforesaid land from the grand father of first respondent, who was the grantee of same vide order dated 18.4.1956 in OM No.DD.48/1955-56 on the file of Tahsildar, Devanahalli,. The grand son of vendor, the respondent herein subsequently has filed an application under Sections 4 and 5 of the Schedule Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (‘the PTCL Act’ for short) seeking resumption of said land on the premise that the sale in favour of the petitioner is hit by the provisions of PTCL Act. The proceedings which is initiated by him before the Assistant Commissioner, Doddaballapur Sub-Division, Bangalore, in No.PTCL.SR(De).58/2005-06 came to be allowed by the Assistant Commissioner by order dated 31.5.2008, which is challenged by the petitioner before the Deputy Commissioner, Bangalore Rural District – third respondent in LND.SC/ST(A).27/2008-09. It is stated that in the said proceedings when a prayer was made seeking stay of the order of the Assistant Commissioner, the same was not considered. Hence, the present writ petition is filed seeking direction to the Deputy Commissioner to consider his prayer for interim order.
3. Heard the learned counsel for the petitioner, the learned counsel for first respondent and the learned Government Pleader for respondent Nos.2 to 4. On going through the material on record it is seen that the appeal before the Deputy Commissioner is of the year 2008-09. The learned Counsel for the petitioner himself is not certain whether the said appeal is still pending or disposed of. In any event, this Court find that the present petition which is filed seeking direction to the Deputy Commissioner to consider the prayer of petitioner for granting of interim order does not survive for consideration nearly after 9 years.
4. Therefore, this writ petition is disposed of with a direction that in the event the appeal filed by the petitioner in LND.SC/ST(A).27/2008-09 is not yet disposed of, the same shall be decided on merits by the Deputy Commissioner within 90 days from the date of receipt of a copy of this order. In the meanwhile, if the said appeal is already disposed of, it is open for the petitioner to challenge the same before the competent authority.
Accordingly, Writ Petition is disposed of.
Sd/- JUDGE nd/-