NARAYANAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are directed against the order dated 18.02.2012 passed by the Deputy Commissioner produced as Annexure-H, whereby the Deputy Commissioner has exercised the power under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short) and restored the land in favour of legal representative of original grantee i.e., respondent No.4.

(2.) Brief facts of the case are that land bearing Sy. No.22/10 measuring 2.00 acres situated at Sulikunte Village, Bangalore East Taluk was granted in favour of Nanjappa at free of cost as per D.D. No.10/54-55. The said Nanjappa inturn sold the land measuring 1.00 acre in favour of husband of petitioner No.1 by a registered Sale Deed dated 17.07.1967 and remaining land measuring 1.00 acre sold in favour of petitioner No.2 by a registered Sale Deed dated 01.05.1972. The Act came into force on 01.01.1979. Respondent No.4 has filed an application before the Assistant Commissioner under Sections 4 and 5 of the Act for restoration of land. The Assistant Commissioner by order dated 05.07.2008, has dismissed the application on the ground that the original records pertaining to the grant was not available and parties have not produced any documents. Aggrieved by the same, respondent No.4 has filed an appeal before the Deputy Commissioner under Section 5A(1A) of the Act. The Deputy Commissioner after verifying the original records has given finding that the land was originally granted in favour of Nanjappa, who is father of respondent No.4 under Land Grant Rules in the year 1954-55 at free of cost with a condition that not to alienate the property for a period of 20 years. Since the said land has been alienated in favour of petitioners by violating the condition, the Deputy Commissioner allowed the appeal and restored the land in favour of respondent No.4. Being aggrieved by the same, the petitioners have filed these writ petitions.

(3.) Sri. Anand B. Muddappa, learned counsel appearing for the petitioners contended that even as per the finding of the Deputy Commissioner, the land was originally granted in favour of Nanjappa under the Land Grant Rules in the year 1954-55. The said Nanjappa inturn sold the land in favour of petitioners by registered Sale Deeds dated 17.07.1967 and 01.05.1972. The Act came into force on 01.01.1979. Respondent No.4 has filed an application before the Assistant Commissioner under Sections 4 and 5 of the Act for restoration of land in the year 2006 and there is a delay of 26 years in filing the application from the date of Act came into force. Hence, the application filed by respondent No.4 itself is not maintainable. In support of his contention he has relied upon the judgment of the Hon'ble Apex Court in the case of Nekkanti Rama Lakshmi ?v- State of Karnataka and Another reported in 2018 (1) Kar. LR 5 (SC) and sought for allowing the appeal.