DUDUYA NAIK Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra court appeal has been filed against an order dtd. 9/12/2021 passed by learned Single Judge, by which in a writ petition preferred by respondent Nos.3 to 8, order dtd. 24/9/2021 passed by the Deputy Commissioner and the order dtd. 17/8/2020 passed by the Assistant Commissioner under the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'Act', for short), have been quashed and the writ petition has been allowed.

(2.) Facts giving rise to filing of this appeal in nutshell are, that on 24/6/1954, land bearing Sy.No.13 (new No.84) measuring 3 acres 20 guntas situate at Mohiddinpura Village, Channagiri Taluk, was granted in favour of one Hanuma Naik who alienated the land in favour of one Siddappa on 10/1/1970. Thereafter, the aforesaid land was re- conveyed on 18/1/1982 and 16/4/1986. Sometime in the year 2018, after a period of 45 years, appellant filed an application for restoration of land under Sec. 5(1) of the Act. The Assistant Commissioner by an order dtd. 17/8/2020 allowed the application filed by appellant.

(3.) Being aggrieved, respondent Nos.3 to 8 filed an appeal before the Deputy Commissioner, who by an order dtd. 24/9/2021 dismissed the appeal and confirmed the order passed by the Assistant Commissioner. The aforesaid orders passed by the Assistant Commissioner and Deputy Commissioner was challenged in a writ petition. The learned Single Judge of this Court by an order dtd. 9/12/2021 quashed the aforesaid orders inter alia on the ground that there was an inordinate delay of more than 45 years in filing the application for resumption and allowed the writ petition. In the aforesaid factual background, this appeal has been filed.