SUNANDAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner who had entered into an agreement to purchase the land in question under a Agreement of Sale dated 29.09.1994, filed a suit before the civil Court seeking a decree of Specific Performance of Contract. The civil Court decreed the suit and thereafter a sale deed was executed through the Court on 21.04.2001, in favour of the petitioner herein. Thereafter, an application came to be filed by respondent No.7 herein before the Assistant Commissioner invoking the provisions of Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as 'PTCL Act, for short). The Assistant Commissioner noticed that a sale deed dated 21.04.2001 has been executed in favour of the petitioner herein through the Court and it was also an admitted fact that the land in question was acquired by the Karnataka Industrial Areas Development Board' (for short, 'KIADB'), by virtue of a notification dated 11.01.1996 and therefore the Assistant Commissioner proceeded to reject the application holding that the petitioner herein is entitled for receiving the compensation at the hands of the KIADB.

(2.) Learned Counsel for the petitioner submits that respondent No.7 did not preferred an appeal before the Deputy Commissioner, while the other respondents i.e., respondents No.3 to 5 have filed an appeal before the Deputy Commissioner on 01.11.2010, there being a delay of 3 years 10 months. It is therefore contended by the learned Counsel for the petitioner that the Deputy Commissioner was required to consider the application seeking condonation of delay and thereafter only if the Deputy Commissioner was of the opinion that the delay was required to be condoned would he get the jurisdiction to entertain the appeal.

(3.) Further, it is contended that it is an admitted fact that one Sri. Doddahanumappa was the original grantee, who was granted 8 acres of land in Sy.No.38 of Bhuvanahalli village, Kasaba Hobli, Devanahalli Taluk, on 10.06.1956. After the death of Sri.Doddahanumappa, in a family partition 2 acres and 19 guntas fell to the share of Sri.Edlappa. It is also an admitted fact that Sy.No.38 was assigned new Sy.No.50. Sri.Edlappa executed a sale deed dated 23.06.1984 in favour of his brother Sri. Muni Narayanappa. Sri.Muni Narayanappa executed a power of attorney dated 27.04.1987, in favour of his brother Sri.Edlappa. Thereafter, Sri.Edlappa as a power of attorney holder entered into an agreement with the petitioner herein on 29.09.1994, to sell the property in question i.e., 2 acres 19 guntas in Sy.No.38 (new Sy.No.50).