Ravindra Kanaje S/O Manikappa vs The State Of Karnataka And Ors on 17 November, 2022

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Karnataka High Court

Ravindra Kanaje S/O Manikappa vs The State Of Karnataka And Ors on 17 November, 2022

Bench: R. Devdas

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 17TH DAY OF NOVEMBER, 2022

                        BEFORE

          THE HON'BLE MR.JUSTICE R. DEVDAS

       WRIT PETITION No.201255/2022 (SC/ST)

BETWEEN

RAVINDRA KANAJE
S/O MANIKAPPA
AGE: 54 YEARS,
OCCU: AGRICULTURE,
R/O MADKATTI,
TQ. BHALKI,
DIST. BIDAR-585411.
                                         ...PETITIONER
(BY SRI. JAIRAJ K. BUKKA AND
SRI MOHD. VIKHAMUDDIN, ADVOCATES)


AND

1.    THE STATE OF KARNATAKA
      REP. BY ITS PRINCIPAL SECRETARY,
      DEPARTMENT OF REVENUE,
      M.S. BUILDING,
      BENGALURU-560001.

2.    THE DEPUTY COMMISSIONER
      BIDAR
      TQ. & DIST. BIDAR-585401.

3.    THE ASSISTANT COMMISSIONER
      OF BASAVAKALYAN,
      TQ. BASAVAKALYAN,
      DIST. BIDAR-585327.
                            -2-




4.   THE TAHSILDAR OF BHALKI
     TQ. BHALKI &
     DIST. BIDAR-585328.

5.   SMT.PRAYAGBAI
     W/O MANIK MANE
     R/O MADKATTI,
     TQ. BHALKI,
     DIST. BIDAR-585328.
                                         ...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1 TO R4;
NOTICE TO R5 NOT ORDERED)


   THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT IN NATURE OF CERTIORARI OR ANY OTHER
WRIT OR DIRECTION BY QUASHING IMPUGNED NOTICE OF
THE 3RD RESPONDENT ON DATED 05-03-2022 VIDE FILE
NO.KAM/PTCL/CR-01/2021-22  AT   ANNEXURE-F    AND
FURTHER PROCEEDINGS AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

R. DEVDAS J., (ORAL):

Learned High Court Government Pleader takes notice for the respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons;

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2. Learned High Court Government Pleader raises a preliminary objection that the petitioner seems to be aggrieved with the impugned notice dated 05.03.2022 issued by the third respondent- Assistant Commissioner, Basavakalyana Sub-Division, calling upon the petitioner to appear before the Assistant Commissioner to consider a petition filed by respondent No.5 invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the PTCL' Act). Learned High Court Government Pleader submits that the petitioner is required to appear before the Assistant Commissioner, file necessary objections and thereafter contest the matter.

3. Learned Counsel for the petitioner on the other hand submits that respondent No.5 could not have approached the Assistant Commissioner, -4- invoking the provisions of PTCL Act, in the year 2022, in respect of a sale transaction that has taken place more than 45 years ago.

4. Having heard the learned Counsels for both the parties and on perusing the petition papers, this Court is of the considered opinion that the objections raised at the hands of the learned High Court Government Pleaded is required to be sustained. The petitioner will have ample opportunity to raise all objections to the petition filed by respondent No.5 including the question of limitation. If such objections are filed, the respondent-Assistant Commissioner shall consider the same in accordance with law and pass necessary orders.

5. For the reasons stated above, this Court having found that the petitioner cannot be permitted to raise a challenge to the impugned notice issued by the third respondent-Assistant Commissioner invoking -5- the provisions of PTCL Act, proceeds to dismiss the writ petition.

Ordered accordingly.

6. Learned High Court Government Pleader is permitted to file Memo of Appearance within a period of four weeks from today.

Sd/-

JUDGE DL

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