(Prayer: This W.P. is filed praying to call for the entire records in Case No. SC/ST 96/2010-11, on the file of learned R-2 and quash the order passed by the R-2 in Case No.SC/ST (A)96/2010-11 on 5.2.2014 vide Annx-A.)
1. In this writ petition petitioners are calling in question order dated 05.02.2014 passed by the Deputy Commissioner, Bengaluru District, thereby dismissing the appeal tiled by the petitioners herein and confirming the order passed by the Assistant Commissioner, Bengaluru North Sub-Division dated 20.09.2010.
2. Petitioners are claiming to be the grand children of the original grantee. According to them, land bearing Sy. No. 177/p36 of Bagalur Village, Jala Hobli, Bengaluru North (Addl.) Taluk to an extent of 2 Acres, was an agricultural land grafted under darkasth in favour of their grand father Late Venkataramanappa @ Munivenkataramanappa S/o (Guddeppa. They contend that grand father of the petitioners belonged to Scheduled Caste and on 30.01.1975, original grantee sold the property to one Late P.Ramanna and on 16.07.2005 respondents 5 to 7, who are LRs of Ramanna, sold the property to respondent No.8; as these sale transactions were carried out without prior permission of the Government and in violation of Section 4(2) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act'), the transactions were void.
3. Petitioners filed application seeking resumption and restoration of the land before the Assistant Commissioner. The Assistant Commissioner conducted an enquiry and passed the order at Annexure-B dated 29.09.2010 holding that no documents had been produced nor were forthcoming to hold that grand father of the petitioners was granted 2 acres of land in Sy. No. 177/8 (old Number) and 177/p36 (new number), therefore, claim made by them was dismissed. Liberty was, however, reserved to the petitioners to put forth their claim afresh after collecting the records relating to the grant of land in question and to show that land was granted in favour of their grand father. ƒ
4. This order was challenged in appeal before the Deputy Commissioner by filing No. SC.ST (A) 96/2010-11. The Deputy Commissioner has dismissed the appeal confirming the findings recorded by the Assistant Commissioner. The Deputy Commissioner has also found on re-examination of the matter that no documents showing the grant of land in the name of Venkataramanappa @ Munivenkataramanappa, the alleged grand father of the petitioners was produced. The Deputy Commissioner has further found that even if it has to be presumed that the land was granted during the year 1955-56 in favour to the grand father of the petitioners - Venkataramanappa @ Munivenkataiamanappa, as the land had been alienated for the first time during the year 1975 after lapse of 20 years from the date of grant, it could not be said that there was violations of the non-alienation condition of 15 years as was in force in terms of the Rules then prevailing. In this regard, Deputy Commissioner has placed reliance on the principles laid down in the decision reported in the case of BHEEMANNA vs DEPUTY COMMISSIONER, CHITHRADURG A DISTRICT AND OTHERS reported in ILR 2010 KAR 5011.
5. It is thus clear that first of all there is no proof to show that grand father of the petitioners was granted this land. Secondly, it is clear that the sale was after a lapse of 15 years from the date of grant, which was the period of non-alienation in force daring' the relevant period. On both counts petitioners have failed to establish their case.
6. Hence, in the light of the concurrent findings recorded by both the courts below, I do not find any merit in this petition. Petitions are accordingly, dismissed.
Learned Addl. Government Advocate is permitted to file memo of appearance within four weeks for respondents 1 to 4.