BASAVARAJ M Vs. ERABHOVI

JUDGEMENT

(1.) This intra-court appeal is filed challenging the order dtd. 10/2/2020 passed by the learned Single Judge of this Court in W.P.No.30983/2018.

(2.) The parties are referred to by their rankings assigned to them in the writ petition.

(3.) Brief facts of the case that would be relevant for the purpose of disposal of this appeal are, that the land bearing Sy.No.240/3 (New No.305) measuring 2 acres situated at Godabanalu Village, Chitradurga District was granted in favour of Marappa @ Muddapura Hanumappa on 17/10/1962 and saguvali chit was issued on 30/9/1963 with a non- alienation clause for a period of 15 years. The original grantee and his son sold the said land in favour of the father of the petitioner on 17/1/1973. Subsequently, in the year 2003, the son of the original grantee filed an application under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'PTCL Act'), contending that the sale made by them was in violation of Sec. 4 of the Act, and therefore, sought for restoration of the land in his favour.