SANNAMMA MANDYA DISTRICT Vs. ASSISTANT COMMISSIONER MANDYA

JUDGEMENT

(1.) A writ petition without any rhyme or reason or without any ground against a remand order passed by the Deputy Commissioner while exercising appellate jurisdiction under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act) as per order dated 29-6-2010 (copy at Annexure-F to the writ petition).

(2.) The Deputy Commissioner having entertained an appeal under Section 5A of the Act against the order passed by the Assistant Commissioner closing the enquiry under Section 5 of the Act after lapse of 21 years and having set aside the order and having directed the Assistant Commissioner for a fresh enquiry and decision, Petitioner, purchaser of subject land granted in the year 1974 in an extent of 2 acres 10 guntas in Sy No 31 of Madanayakanahalli village, Maddur taluk, Mandya district, which had been granted under dharkast proceedings as under grant order dated 12-1-1953, is before this Court, contending that the Deputy Commissioner could not have entertained the appeal after such lapse of time etc., and therefore remand order is not justified.

(3.) Appearing on behalf of the Petitioner, submission of Sri L Raja, learned Counsel, is that the Deputy Commissioner could not have entertained the appeal after lapse of 21 years, when the limitation prescribed under Section 5A-1A of the Act is three months from the date of order communicated, that with the Assistant Commissioner having passed the order on 2-1-1986, appeal before the Deputy Commissioner is highly belated and therefore the appeal should not have been entertained.