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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.