JAYARAMU Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.12.2011 passed by the respondent No.3- Assistant Commissioner vide Annexure-F and order dated 11.03.2016 passed by the respondent No.2- Deputy Commissioner vide Annexure-H whereby the authority has restored 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.42 (New No.66) measuring 1 acre 20 guntas situated at Tavarekere Village, Bellur Hobli, Nagamangala Taluk, Mandya District was originally granted in favour of Thimmaiah on 6.6.1964 under Darkasth Rules. 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 the original grantee sold the land in favour of the father of the petitioner by sale deed dated 23.8.1989. The legal representatives of original grantee filed an application under Sections 4 & 5 of the said Act in the year 2006 for restoration of the land before the Assistant Commissioner. The Assistant Commissioner by order dated 23.12.2011 has 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 11.3.2016 dismissed the appeal filed by the petitioner and has confirmed the order of the Assistant Commissioner. Being aggrieved by the order of the Deputy Commissioner, 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 Thimmaiah on 6.6.1964 under Darkasth Rules. The said Act came into force on 1.1.1979. The legal representatives of the original grantee has sold the land in favour of the father of the petitioner by registered sale deed dated 23.8.1989. The legal representatives of original grantee filed an application under Sections 4 & 5 of the said Act in the year 2006 for restoration of the land before the Assistant Commissioner after 17 years. There is inordinate delay 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.