B.C. NAGAVENI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 6/8/2021 passed by the learned Single Judge by which the writ petition preferred by the respondent Nos.3 to 8 has been allowed.

(2.) Facts leading to filing of this appeal briefly stated are that respondent Nos.3 to 8 claim to be grand children of one Addemunishamappa who was granted 2 acres of land in Sy.No.49/3 at Mallepura Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru on 14/8/1948. The aforesaid land was alienated on 3/3/1965. The provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act') came into force w.e.f. 1/1/1979. Thereupon, suo motu proceedings were initiated in the year 1984 under the provisions of the Act.

(3.) The Assistant Commissioner, by an order dtd. 3/3/1986, allowed the proceedings and directed resumption of land to the grantee. Against the aforesaid order, an appeal was preferred before the Deputy Commissioner, who by an order dtd. 25/2/1989, remitted the matter. The Assistant Commissioner, after remand, by an order dtd. 28/8/1989 dismissed the application seeking resumption of land. Against the aforesaid order, an appeal was filed before the Deputy Commissioner after a period of 18 years i.e. on 31/8/2007. The aforesaid appeal was dismissed on the ground of delay by an order dtd. 24/2/2015.