N.MUNIRAJU Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal has been filed against the order dtd. 20/11/2018 passed in W.P.No.10004/2007 by which the writ petition preferred by respondent Nos.3 and 4 has been allowed and order dtd. 4/4/2007 passed by the Special Deputy Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short) has been quashed.

(2.) The facts giving rise to filing of this appeal briefly stated are that the land in question was granted in favour of the father of the appellant on 13/2/1940. The land in question was alienated in the year 1948. After a period of 56 years, proceedings for resumption of the land under the provisions of the Act were initiated on 7/5/2005. The Assistant Commissioner by an order dtd. 15/7/2006 rejected the application filed for resumption of the land under Sec. 4 of the Act. Being aggrieved, the appellant filed an appeal before the Deputy Commissioner, who by an order dtd. 4/4/2007 remitted the matter to the Assistant Commissioner for inquiry.

(3.) The aforesaid order of remand passed by the Deputy Commissioner dtd. 4/4/2007 was challenged by respondent Nos.3 and 4 in a writ petition, namely, W.P.No.10004/2007. Learned Single Judge by a common order dtd. 20/11/2018 passed in the said writ petition as well as in W.P.No.10003/2007 has allowed the writ petition and quashed the order passed by the Deputy Commissioner under the provisions of the Act. In the aforesaid factual background, this appeal has been filed.