BHANGARYA BISTA NAIK DASAN Vs. SIRSI, DIST

JUDGEMENT

(1.) The 1s t respondent in W.P.No.24411/2005 (SC/ST) , on the file of learned single Judge of this Court, has come up in this appeal impugning the order dated 15.12.2014, passed therein.

(2.) The brief facts leading to this intra-Court appeal are that, the aforesaid writ petition was filed by 3rd respondent herein, challenging the order of Assistant Commissioner, Sirsi Sub-Division, Sirsi , in proceedings No.PTCL-Viva-1/04-05, which was filed by the 3rd respondent herein under section 4 and 5 of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act, for short) , in seeking restoration of land to an extent of 8 acres 19 guntas, in Sy.No.232 of Kanthraj i village of Sirsi taluk, from the appellant herein namely Bhangarya Bista Naik (Dasan).

(3.) Admittedly the aforesaidland was granted in favour of the husband of 3rd respondent herein namely Fakira Chalavadi , on 30.7.1958. Thereafter the saidland was in possession, cultivation and enjoyment of Fakira Chalavadi up to 29.7.1972, on which day he sold the aforesaid extent of land in favour of the appellant Bhangarya S/o.Bista Naik (Dasan) under a registered sale deed which is executed subsequent to securing permission from the Assistant Commissioner of Sirsi , on 25.7.1972, i.e. , four days prior to execution of sale deed in favour of the appellant herein. Thereafter the said extent of land was mutated in the name of appellant herein vide M.E.No.1320, vide order dated 20.5.1973.