MUNIVENKATAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner claiming to be the only son of the original grantee viz., late Munishamappa filed the present writ petition for a writ of certiorari to quash the order dated 28.4.2014 passed by the Deputy Commissioner, Bangalore rural district, Bangalore as per Annexure-M and for a writ of mandamus directing the respondent No.3 to take suitable steps for restoration of the land bearing old Sy.No.122 (new Sy.No.251) measuring 4 acres situated at Bidaluru village, Kasaba Hobli, Devanahalli taluk, Bangalore rural district, in favour of the petitioner.

(2.) It is the case of the petitioner that originally the land bearing old Sy.No.122 (new Sy.No.251) measuring 4 acres situated at Bidaluru village, Kasaba Hobli, Devanhalli taluk, Bangalore rural district, was granted by the Tahasildar, Devanahalli in favour of his father Munishamappa s/o Chikka Chinnappa vide Government Order No.LND.SRI.1236/1962-63 dated 1.5.1965 at free of cost. That, subsequently the said Munishamappa within a period of 10 years by violating the non-alienation condition of the grant and without obtaining prior permission from the Government had sold portion of land measuring 30 guntas in favour of Muniyappa s/o Venkatappa i.e, the 5th respondent on 15.7.1975. Subsequently registered sale deeds dated 18.7.1975 and 1.12.1977 were executed in favour of Respondent NO.6 to an extent of 20 guntas and 8 guntas respectively. Thereafter the original grantee Munishamappa had alienated 1 acre of land in Sy.No.122 in favour of the 7th respondent, 20 guntas in favour of the 6th respondent and 2 acres in favour of the 8th respondent under different sale deeds dated 11.8.1980. It is further case of the petitioner that Respondent Nos.5 to 8 have jointly sold the entire land on 27.10.1984 in favour of the 4th respondent. The original grantee died on 15.6.2005 leaving behind his only son, the petitioner herein.

(3.) It is further case of the petitioner that he filed an application for restoration under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978 {'the Act' for short} in the year 2006. The Assistant Commissioner after holding enquiry by an order dated 29.2.2008 allowed the application and restored the land in favour of the present petitioner. Being aggrieved by the said order, the 4th respondent filed an appeal before the Deputy Commissioner, who after hearing both the parties by the impugned order dated 28.4.2014 allowed the appeal. Hence the present writ petition is filed.