D.RAMANATHA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the present writ petition for a writ of certiorari to quash the impugned order dated 31.3.2017 passed by the Karnataka Appellate Tribunal in Appeal No.879/2009, confirming the order dated 12.4.1996 passed by the Assistant Commissioner, Bangalore North Sub-Division, Bangalore in LRF(83)47/1995-96 as per Annexures - A and B respectively.

(2.) It is the case of the petitioners that they are the absolute owners of the land bearing Sy.No.33/1, measuring 1 acre, situated at Kadiganahalli village, Jala Hobli, Bangalore North Taluk having purchased under the Registered Sale Deed dated 24.4.1974 for a valuable sale consideration from its previous owner Sri A.Rudraswamy and from the date of purchase, they are in possession and enjoyment of the said land. In pursuance of the registered Sale Deed, all the revenue documents viz., Mutation Registrar, RTC including the Encumbrance Certificate stand in their name. When the things stood thus, they came to know that in the first week of August 2009, the 2nd respondent has passed the impugned order dated 12.4.1996 holding that petitioners have violated the provisions of Sections 79A and 79B of the Karnataka Land Reforms Act (for short, hereinafter referred to as 'the Act'). Immediately, they obtained the certified copy of the said order on 12.8.2009 and an appeal was filed before the Karnataka Appellate Tribunal, Bangalore challenging the order passed by the Assistant Commissioner. In turn the Karnataka Appellate Tribunal proceeded to dismiss the appeal on the ground of delay in filing the appeal. Hence, the present writ petition is filed.

(3.) The respondents-State has not filed any objection to the main writ petition.