LAWS(KAR)-2010-1-82

PADMAVATHI RAO Vs. RANJAN JOSEPH KAMATH

Decided On January 13, 2010
RAMAIAH Appellant
V/S
SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE Respondents

JUDGEMENT

(1.) FOR the reasons stated in the affidavit enclosed to the application, Misc. W. No. 3045 of 2009 is allowed by condoning the delay of 54 days filing the appeals.

(2.) HEARD the learned Counsel for the appellants, learned Government Advocate appearing for respondents 1 and 2 as well as the learned Counsel appearing for respondent 3.

(3.) THE Assistant Commissioner issuing novices to the respondents who were purchasers pertaining to 1969 transaction proceeded with the matter, holding that the land should resume back to the legal representatives of original grantee. He placed reliance on several judgments of this Court including the case in V.Muniswamy v Deputy Commissioner, kolar and others 1993(3) Kar. L.j. 346 (DB) : ILR 1993 kar. 2108 (DB). Admittedly, the subsequent purchasers of the property both under the first and second sale deed who were parties before the Assistant Commissioner did not challenge the said order before the Appellate Authority. THE present appellants who are the purchasers from legal representatives of C.V. Raman and others challenged the said order of the Assistant Commissioner dated 30-8-1999 in the year 2007 contending that, before the learned Assistant Commissioner, they did not have an opportunity of being heard.