IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated: 2nd day of November, 2009 Present HON'BLE MLJUSTICE V.GOPALA GO\__?*.g*I";A _ And HoN'eLE Mrs.JUST1CE Egv. ', WRIT APPEAL Noe,355o)2_oe9 (sc~sffrg% ° 'L; Between: Sri.K.Rajendran, Aged about 56 years, ; S/0.Late V.KrishnanA.' ' Residing at No.59, V : Banga;ore-?§60_ e ....APPELLANT (Ey_S1*i.Vistifiu Adv. for _ 3;\/I/Nanaiah-,_8t'Nana.iah Assts. Advs.) Smt,Venka=tan'1ma, KV/'e.ePutta§)p.si', ,_ " ab0i1t"_6bj- w.A is filed us,/s.4 of-the tzamgtactipalgh Court Act against the order dated 1 11--_8--2.0.09'-palssed Writ Petition No. 1621772008. ' ~ 5 .« This dirstating judgment before the Court this day, -Gopaia_ijGowp£ia4...~J dictated the fo1lowing:-- -giflbGMENT Tkidcorrectness 'oftlle order dated 1 1-8-2009 passed by the.'=-'Judge dismissing the Writ petition and of the respondents No.3 and 4 holding
sale acre land of Dornmasandra village by the
grantee and his legal representatives is hit by
sub-section (2) of Section 4 of Karnataka Scheduled Castes
and Scheduled Tribes [Prohibition of Transfer of
Lands) Act, 1978, hereinafter called as tie’
questioned in this writ appeal urging VE[I”i0E1S grounds.
2. According to the appeiiant, perniissii-on’
land was granted by the d_:the:V}ReVenue
Department of the State “‘;’:iySA.A:order No. RD 792
LGB 2004 dated 2:2g8–200a,v:SttfhieheagyaaeVpfigadtiressed to the
Special Deputy Bangalore,
copy of Whichis to the writ petition.
But he .9+?3–2005 itself, prior to grant
of the allegedm the sale deed was
registered§4on’~ 30. at wide ANK- 1–O8916~2005–O6 CDM
‘thedierox copy of the registered sale deed it is
mentioned’ that:-.IV)A’oeputy Commissioner granted permission
dfyictegiettef NeV..RDdS792 LGB 2004 dated 29.06.2005 hence the
has ordered to register the document. The
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above said statement of the Su’o–Registrar is contradictory to
the pleading of the appellant.
3. Learned Addl.GovernInent Advocate
produce the original file of the State (}_overnment’_’relation ” .
the order granting permission in fav-ourf”‘of’ the Ap’pel1lTa,ntf’f1tJo
purchase the land in question fr_o’t-n.’ the”orig5,nal granwtee and» ‘
his LRs. On instructions,’ frorr1_…t:he_ “Revenue:..’gDe§part1nent
Officer of the State Governtnhent atlbmitted that the
said government ord:e1f._of favour of the
appellant to the land in
question, it grant of 20 acres alternate
land to the Therefore, we directed him
tofile an ofvthle___HSecretary to the Revenue Department
of’t1hev:VS–tate. Qoveriarnent. Accordingly, the Affidavit of Deputy
lit-today. Paragraphs 3 and 4 of the affidavit
jalpareVextractedtphereunder for the purpose of appreciating rival
urged on behalf of the parties»
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“3. I further submit that the Government
letter bearing Reference No.RD 792 LGB 200-it
dated 22.8.2005 pertains to a matter relating
request of grant of 20 acres alternative 5
Defence Department, Government of India,.~A4’vvhich”i.”
does not pertain to the grant of pennissiiorurto ._
alienate the land in dispute beI”‘ore. this I7:Ion”b1e ..
Court, under the provisions of the L .0
Scheduled Castes and Scheduled ” Tribes” ”
[Prohibition of Transfer of -Certain “Lan:is’}
3973 . q
4. I further submit that the t”}overnrr’1’ent of
Karnataka as per its -letter;Nc;.RD..685~LGB 2005,
dated 14.11.2005 was 0–vpleas.e0d.A’_’=.Vt’o grant
permission to a1ienate–th.e=ian_d, in”disp1;£te before
this I-Ion’b_1e=._ “_’COi.:£I’t . of one
Shri.K.C.Rajan 5j’Subject’ _ to__.. certain” conditions
under SectioI;”4s[‘2]”of the ~Again I submit
that, the=~_ ‘”S’pecia1 V ‘T)ep__1,1VtyV Commissioner.
Bangalore; — .. as official Memorandum
bearing ._ — ‘N’o.P’i’CL:’CR:’6E/20052006 dated
3.12.20-05-has– iss1:ie_d’nee.ded further orders.”
:4″ ~.
swornvv–statement of the Deputy Secretary of
theRevenue=Dep’art1ner1t it is clear that Annexure–C produced
the not a genuine document but it is a
-4%_D.ftictiti,ous 1 concocted document for the purpose of this
4’~-.vcase-.x_ P_er”mission to alienate the land in question is granted
0 ‘v:..i.n«uFiie_.No. RD 685 LGB 2005 on 14~11–2oo5, in favour of one
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custody and he shall produce the same in criminal
proceedings as and when it is required.
.eSd/+"eZ:e:§;éf' JUDGE'%%$M§7 MP/ck é