D. NARAYANAPPA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 11.9.2014 passed by the respondent No.3- Assistant Commissioner vide Annexure-D and order dated 22.3.2016 passed by the respondent No.2- Deputy Commissioner vide Annexure-E whereby the authority has resumed the land in favour of the legal representatives of the original grantee.

(2.) The case of the petitioner is that the land bearing Sy.No.156, measuring 2 acres, situated at Vijayapura Village, Vijayapura Hobli, Devanahalli Taluk, Bangalore Rural District was originally granted to one Thotikempa on 12.9.1959 and saguvali Chit was issued on 2.6.1961. Out of the said extent of land, the legal representatives of original grantee sold 1 acre 10 gunats of land in favour of the petitioner by sale deed dated 25.11.1969 and remaining 30 guntas of land was sold in favour of Smt.Gowramma by sale deed dated 25.1.1971. 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 & 5 of the said Act in the year 2012 for restoration of the land before the Assistant Commissioner. The Assistant Commissioner by order dated 11.9.2014 allowed the said application and restored the land in favour of the legal representatives of the original grantee. Being aggrieved by the same, an appeal was filed by the petitioner before the Deputy Commissioner under Section 5-A of the Act challenging the said order of the Assistant Commissioner. The Deputy Commissioner vide order dated 22.3.2016 dismissed the appeal filed by the petitioner and has confirmed the order of the Assistant Commissioner. Being aggrieved by the same, the petitioner is before this Court.

(3.) The learned counsel appearing for the petitioner has contended that originally the land was granted in favour of Thotikempa on 12.9.1959. The legal representatives of original grantee sold 1 acre 10 gunats of land in favour of the petitioner by sale deed dated 25.11.1969 and remaining 30 guntas of land was sold in favour of Smt.Gowramma by sale deed dated 25.1.1971. The said Gowramma inturn sold the same in favour of the petitioner by sale deed dated 25.9.1974. The Act came into force on 1.1.1979. The legal representatives of original grantee filed an application under Sections 4 & 5 of the said Act in the year 2012 for restoration of the land before the Assistant Commissioner. There is inordinate delay of 33 years in filing the application before the Assistant Commissioner. The application itself is not maintainable. 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.