: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27 th DAY OF JANUARY 2015 BEFORE THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.111209 OF 2014 [SCST] BETWEEN: PARASAPPA YAMANAPPA TALAWAR AGE: 42 YEARS, OCC: COOLI, AT: BASAPUR, POST: KITTUR, TQ: BAILHONGAL, DIST: BELGAUM ... PETITIONER (By Sri M SIDDARAJ & PRAKASH BADIGER ADV.) AND: 1. DEPUTY COMMISSIONER DC OFFICE COMPOUND, BELGAUM 2. ASSISTANT COMMISSIONER BAILHONGAL, DIST: BELGAUM 3. RUDRAYYA S/O IRAYYA JANGIMATH AGE: MAJOR OCC: AGRICULTURE AT: MALLAPUR, TQ: BAILHONGAL, 4. GURUPADAPPA S/O RUDRAPPA DODDAMANI AGE: MAJOR, OCC: AGRICULTURE KUMBAR ONI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 5. APPANNA S/O GURUPADAPPA DODDAMANI AGE: MAJOR, OCC: AGRICULTURE KUMBAR ONI, KITTUR, TQ: BAILHONGAL, : 2 : DIST: BELGAUM. 6. RUDRAPPA S/O GURUPADAPPA DODDAMANI AGE: MAJOR OCC : AGRICULTURE KUMBAR ONI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 7. RAMESH S/O GURUPADAPPA DODDAMANI AGE: MAJOR OCC : AGRICULTURE KUMBAR ONI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 8. HANAMANTH S/O BHIMAPPA CHAWHAN AGE: MAJOR OCC : AGRICULTURE AT: YETTINAKERI, TQ: BAILHONGAL, DIST: BELGAUM. JAIRUDDIN S/O MOHMADSAB GURLHOSUR DEAD RPTD.BY LEGAL HIERS. 9A. ROSHANABI W/O JAIRUDDIN GURLHOSUR @ BETAGERI AGE: MAJOR OCC : AGRICULTURE AT: MUSLIM GALLI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 9B. NISSAR AHAMAD JAIRUDDIN GURLHOSUR @ BETAGERI AGE: MAJOR OCC : AGRICULTURE AT: MUSLIM GALLI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 9C. NAZEER AHAMAD S/O JAIRUDDIN GURLHOSUR @ BETAGERI AGE: MAJOR OCC : AGRICULTURE AT: MUSLIM GALLI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. 9D. RESHMA D/O JAIRUDDIN GURLHOSUR @ BETAGERI AGE: MAJOR OCC : AGRICULTURE : 3 : AT: MUSLIM GALLI, KITTUR, TQ: BAILHONGAL, 10. NISSAR AHAMAD S/O JAIRUDDIN GURLHOSUR AGE: MAJOR OCC : AGRICULTURE AT: MUSLIM GALLI, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM. YALLAPPA S/O RUDRAPPA GOUDAR SINCE DEAD RPTD.BY LEGAL HEIRS 11A. SIDDAPPA S/O YALLAPA GOUDAR AGE: MAJOR OCC : AGRICULTURE AT: MARIGERI, TQ: BAILHONGAL, DIST: BELGAUM. 11B. BASAPPA S/O YALLAPA GOUDAR AGE: MAJOR OCC : AGRICULTURE AT: MARIGERI, TQ: BAILHONGAL, DIST: BELGAUM. 11C. MUSHEPPA S/O YALLAPA GOUDAR AGE: MAJOR OCC : AGRICULTURE AT: MARIGERI, TQ: BAILHONGAL, DIST: BELGAUM. 11D.RUDRAPPA S/O YALLAPA GOUDAR AGE: MAJOR OCC : AGRICULTURE AT: MARIGERI, TQ: BAILHONGAL, DIST: BELGAUM. ... RESPONDENTS (By Smt. K.VIDYAVATI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING THIS HON’BLE COURT TO QUASH ORDER PASSED BY THE RESPONDENT NO.1 DATED 29.05.2014 VIDE ANNEXURE-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING: - : 4 : O R D E R The petitioner claims to be the legal heir of one Yamanappa Talawar , who was the land-holder of the property in question. The land having been granted under the provisions of Karnataka Village Offices Abolition Act, 1961 (for short ‘ K.V.O.A. Act’ ), was sold to respondents. Sri.Yamanappa Talwar having died, petitioner initiated a proceeding before respondent No.2, in P.T.C.L. Case No.CR.145/2003-04. Respondent No.2, having regard to the undisputed fact that the property alienated was not a granted land, by an order dated 19.03.2005, as at Annexure ‘G’, rejected the claim. Assailing the said order, appeal having been filed, under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘ P.T.C.L. Act’ ) and respondent No.1 having passed the order dated 29.05.2014, as at Annexure ‘A’, dismissing the appeal and thereby upheld the said order of respondent No.2, : 5 : this writ petition was filed to quash the orders, as at Annexures ‘A’ and ‘G’. 2. Sri.M.Siddaraj, learned advocate, did not dispute the fact that as has been found by respondent Nos.1 and 2 in the orders, as at Annexures ‘G’ and ‘A’, that the land was not granted by the Government and as such, the provisions of the Karnataka Act No.2 of 1979 are not attracted. His contention is that the alienation was in violation of the provisions of the K.V.O.A. Act and hence, respondent Nos.1 and 2 have committed illegality in negating the case of the petitioner. If there is violation of any of the conditions of the grant made under K.V.O.A. Act, the petitioner, claiming to be the legal heir of the grantee—Yamanappa Talawar, ought to have invoked jurisdiction of the competent authority, under the provisions of the said Act and sought the relief. Instead, respondent No.2, having been approached for grant of relief of declaring the : 6 : alienation of the property made by his father, as null and void i.e., in exercise of power under the provisions of Karnataka Act No.2 of 1979, respondent No.2 is justified in passing the order, as at Annexure ‘G’ and the appeal though was not diligently prosecuted, respondent No.1 is justified in examining the record and dismissing the appeal vide order as at Annexure ‘A’. 3. In SRI.JAGADISH vs. STATE OF KARNATAKA, DEPT. OF REVENUE REP. BY ITS SECRETARY AND OTHERS , ILR 2013 KAR 4091 , it has been held that definition of “ a granted land ” appearing in Karnataka Act 2 of 1979, it is clear that the Legislature thought it fit to exclude certain lands granted to SC/ST persons from the purview of the definition of ‘granted land’ and if by virtue of hereditary offices or rights, if the land is granted to a S.C. or S.T. person, same stands excluded from the definition of granted land under : 7 : P.T.C.L. Act and as such, provisions of P.T.C.L. Act cannot be invoked. 4. The impugned orders, as at Annexures ‘A’ and ‘G’, passed by respondent Nos.1 and 2 respectively, being in conformity with the law and the decision, noticed supra , this writ petition being devoid of merit, is rejected . However, it is open to the petitioner to approach the jurisdictional authority, under the K.V.O.A. Act, for relief, if any. SD/- JUDGE RK*.