MAJ GEN J K KOSHY AVSM Vs. ASST COMMISSIONER BANGALORE

JUDGEMENT

(1.) Proceedings under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as 'the PTCL Act') have become a regular subject matter of writ proceedings before the High Court, more so, at the instance of the aggrieved purchasers of lands which had been granted originally in favour of persons belonging to the depressed classes or persons belonging to scheduled castes and scheduled tribes who are identified and provided special protection and benefits under the enabling provisions of the Constitution and for effectuating it, presidential orders are being issued periodically after the Constitution has come into force i.e., on and after 26.01.1950.

(2.) It is definitely a matter of utmost heart-burn and leaving a feeling of deprivation to bona fide purchasers of granted lands, who perhaps might have invested their hard earned money and might have even effected lot of improvements over such lands by further investment of their effort and money and may be, having enjoyed the land for a good number of years, in many cases for generations together, while would definitely have a feeling of assurance that such persons are the undisputed owners in enjoyment of the land and a deprivation of such land enjoyed, without any interruption, without any interference and as owners of the land at a much later point of time, as in the present case a granted land of this nature an extent of 2 acres of land in Sy. No. 43/2 of Hongasandra Village, Begur Hobli, Bangalore South Taluk, which the Petitioners claim to have purchased in terms of a sale deed dated 20.2.1971 for valuable consideration executed in their favour by one Uttara Ramaiah, being deprived to the Petitioners as per the order dated 8.12.2003 (copy produced as Annexure-A to the petition) in proceedings No. KSC.ST.2/1992-93 and even a further appeal to the Deputy Commissioner being not productive for sustaining the land as the Deputy Commissioner dismissed the Petitioner's appeal filed under Section 5A of the Act in terms of his order dated 16.11.2009 passed in No. SC.ST.(A) 70/2003-04 (copy produced as Annexure B to the petition), the bona fide purchasers aggrieved by these orders, which has happened in respect of a land which had been granted way back in the year 1940 i.e., 1.8.1940 even before we attained independence and with such a land having been transacted for the first time as per the records available in terms of the sale transaction dated 6.6.1957 executed by one Yellappa S/o. Kullappa in favour of one Ramaiah for a sum of Rs. 500/- and with the Petitioners' hopes and aspirations to own and enjoy the land having been dashed, no wonder such persons have approached this Court invoking the jurisdiction under Articles 226 and 227 of the Constitution of India.

(3.) In proceedings of this nature even the slightest defect or irregularity kindles hopes and aspirations in the hearts of purchasers and no effort will be spared to sustain the sale transaction in the first instance and even if it is not possible, try to prolong the litigation so that possession and enjoyment of the land can be continued as far as possible.