BEERAMMA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition is directed against the order dated 17.6.2010 passed by the respondent No.1- Deputy Commissioner vide Annexure-A whereby the Deputy Commissioner has restored the land in favour of the legal representatives of the original grantee.

(2.) The case of the petitioners is that the land bearing Sy.No.87/7B of Thotadaguddadahalli Village, Dasanapura Hobli, Bangalore North Taluk measuring 1 acre was granted in favour of Lingaiah s/o Maraiah under Grow More Food Scheme on 1.12.1961. The original grantee has sold the land in favour of the husband of the petitioner by sale deed dated 17.6.1972. The Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') came into force on 1.1.1979. The legal representatives of original grantee filed an application under Sections 4 and 5 of the said Act on 9.10.2001 for restoration of the land before the Assistant Commissioner. The Assistant Commissioner by order dated 9.10.2002 dismissed the said application on the ground that the Act is not applicable since the land has been granted under Grow More Food Scheme. The legal representatives of original grantee has filed an appeal under Section 5A of the Act before the Deputy Commissioner. The Deputy Commissioner has given a finding that earlier the land was leased under Grow More Food Scheme and subsequently, it was confirmed by granting the land in favour of Lingaiah on 1.12.1961 with a condition not to alienate for a period of 15 years. Since the original grantee has alienated the land in favour of the husband of the petitioner, the Deputy Commissioner allowed the appeal and restored the land in favour of the legal representatives of the original grantee. Being aggrieved by the order of the Deputy Commissioner, the petitioners are before this Court.

(3.) The learned counsel appearing for the petitioners has contended that originally the land was granted in favour of Lingaiah on 1.12.1961 with a condition not to alienate the property for a period of 15 years. The original grantee violating the condition has sold the land in favour of the husband of the petitioner on 17.6.1972. The legal representatives of the original grantee has filed the application before the Assistant Commissioner on 9.10.2001 after lapse of 21 years from the date of Act came into force. There is inordinate delay of 21 years in filing the application before the Assistant Commissioner. In support of his case, he has relied upon the law laid down by the Hon'ble Supreme Court in the case of Nekkanti Rama Lakshmi v. State of Karnataka and Another reported in 2018 (1) Kar. LR 5 (SC). Therefore, he sought for allowing the petition.