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Judgment
Learned Government Advocate to accept notice for
respondents No. 1 and 2. He is permitted to file memo
of appearance in four weeks.
Since respondent No.2 on registering the case
in any event will have to notify respondents No.3 and 4
before considering the application filed before him, there
is no need to notify respondents No.3 & 4 in this
petition.
The petitioners claim to be grantees in respect
of the land in question. Alleging violation of the
provisions contained in Sections 4 and 5 of the
Karnataka Scheduled Caste and Scheduled Tribes
(Prohibition of Transfer of Certain Lands) Act, 1978 (''the
PTCL Act'' for short), the petitioners have filed an
application before respondent No.2 seeking action in the
matter. The grievance of the petitioners is that though
the said application was filed by the petitioners on
29.02.2016 and subsequently the necessary documents
were also filed on 19.07.2016, respondent No.2 has not
taken steps to register the case and proceed further in
accordance with law. It is in that view, the petitioners
are before this Court seeking issue of mandamus to
respondent No.2 to register the case and pass orders in
accordance with law.
Having perused the petition papers, since the
petitioners claim right in respect of the property bearing
Sy.No.54, New No.54/P54 measuring 1 acre, situate at
Gutalu, Kothathi Hobli, Mandya Taluk and in that
regard has alleged violation of the provisions of the
PTCL Act and has filed the application, the correctness
or otherwise of the contention as made by the petitioner
is a matter which is required to be taken note by
respondent No.2 in accordance with law and thereafter
arrive at a conclusion. All such action in any event will
have to be taken note by respondent No.2 after notifying
respondents No.3 and 4 herein and considering the case
to be put forth by respondents No.3 and 4 as well.
Hence, without expressing any opinion on the
merits of the claim as made by the petitioners, taking note that a statutory duty is cast on respondent No.2
under the provisions of the PTCL Act to entertain such
application and a decision be taken, a direction is
issued to respondent No.2 to register the application
said to have been filed by the petitioners as at
Annexure-F to the petition. If for any reason, the
application as said to have been filed by the petitioners
is not available on the file of respondent No.2, the
petitioner shall file one more copy of the same
whereupon respondent No.2 shall register, notify the
parties concerned and thereafter proceed further in
accordance with law.
The action to register the complaint in any event
shall be taken by respondent No.2 within four weeks
from the date of receipt of a copy of this order and an
additional copy of the complaint is filed by the
petitioners with respondent No.2. Thereafter the
proceedings shall be conducted in accordance with law after respondents No.3 and 4 appears before respondent
No.2.
In terms of the above, the petitions stand
disposed of.