Chinnappa v. Special Deputy Commissioner, Bangalore
2009-12-18
H.N.NAGAMOHAN DAS
body2009
DigiLaw.ai
JUDGMENT : 1. Sri Shivayogi Swamy, learned Government Pleader is directed to take notice for respondents 1 and 2. 2. The subject-matter of this writ petition is 2 acres 2 guntas of land in old Survey No. 156, New No. 290 of Hulimangala Village, Anekal Taluk. According to the petitioner, the land in question was granted on 21/1/1946 in favour of his father by name Mallappa. The original grantee belongs to scheduled caste community. The original grantee, in violation of conditions of grant, sold the land in favour of one Krishnappa under a sale deed dated 22/5/1958. The said Krishnappa sold the land in favour of another Krishnappa under a sale deed dated 21/3/1981. Further the said Krishnappa sold the land in question in favour of respondent 8 under a sale deed dated 2/3/1995. The petitioner being the legal representative of the original grantee initiated proceedings before the jurisdictional Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of certain Lands) Act, 1978 (for short, PTCL Act’). The Assistant Commissioner vide order dated 12/6/2003 as per Annexure-K rejected the claim of petitioner mainly on the ground that the original grant darkast records are not available in the Taluk Office. In appeal, the Deputy Commissioner confirmed the order of Assistant Commissioner under the impugned order dated 4/4/2007 - Annexure-L. Hence, this writ petition. 3. Heard arguments on both the sides and perused the entire writ papers. 4. The PTCL Act is a social welfare legislation. The object of PTCL Act is to see that the land granted to Scheduled Caste and Scheduled Tribe persons are retained in their hands. If for any reason, the taluk office do not have the record relating to the grant of land in question then the respondents have to rebuild the records and find out the dated of grant, nature of grant and to whom the land was granted. Further, the respondents have to secure the original grant/darkest register, saguvali chit register, kimath register etc., and verify the same. In the instant case the respondents without undertaking such an exercise committed an illegality in dismissing the claim of petitioner only on the ground that the grant darkest record are not available. On this ground the impugned orders are liable to be quashed. 5. For the reasons stated above, the following: ORDER i. Writ petition is hereby allowed. ii.
In the instant case the respondents without undertaking such an exercise committed an illegality in dismissing the claim of petitioner only on the ground that the grant darkest record are not available. On this ground the impugned orders are liable to be quashed. 5. For the reasons stated above, the following: ORDER i. Writ petition is hereby allowed. ii. The impugned order dated 12/6/2003 – Annexure-K passed by the Assistant Commissioner and the order dated 4/4/2007 – Annexure-L passed by the Deputy Commissioner are hereby quashed. iii. The matter is remanded to the Assistant Commissioner, Bangalore South Sub-Division, to reconsider the entire matter by rebuilding the records relating to the grant of land in question and to pass appropriate orders in accordance with law after providing an opportunity of hearing to both the parties.