LAKSHMAMMA Vs. DY. COMMISSIONER, BENGALURU RURAL DISTRICT

JUDGEMENT

(1.) The present writ appeal arising out of order dated 14.12.2020 passed in W.P.No.11089/2019 (Lakshmamma V/S Deputy Commissioner and others).

(2.) The facts of the case reveal that the land bearing Sy.No.185/7, situated at Vishwanathapura village, Kundana Hobli, Devanahalli Taluk, Bengaluru was granted on 23.12.1952 in favour of original grantee with a condition of non-alienation for ten years. The land was sold in favour of one T.Byrappa on 11.05.1956. The original grantee during his life time did not take any step to challenge the sale which took place on 11.05.1956. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short) came into force on 01.01.1979 and after about 51 years of the first sale, an application was preferred under Section 5 of the Act for setting aside the sale which took place on 11.05.1956. The application was preferred in the year 2007. The application was preferred after 28 years from the date of the Act came into force. The Assistant Commissioner dismissed the application vide order dated 23.10.2009 and the Deputy Commissioner also rejected the appeal of the legal heirs of the original grantee. Therefore, the writ petition was preferred. The learned Single Judge also dismissed the writ petition.

(3.) Paragraphs 5, 6 and 7 of the order of the learned Single Judge read as under: