MUNISWAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against an order dtd. 20/3/2020 passed by learned single Judge, by which in a writ petition preferred by respondent No.5, order dtd. 21/10/2015 passed by the Deputy 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), has been quashed and the writ petition has been allowed.

(2.) Facts giving rise to filing of this appeal in nutshell are, that on 13/5/1933, land bearing Sy.No.144 measuring 2 acres, situate at Chakkarasanahalli Village, Narasapura Hobli, Kolar District, was granted in favour of one Muniga. The legal representatives of original grantee alienated the land in favor of one Krishnappa on 26/11/1983. Thereafter, on or about 28/3/2008, after a period of 25 years, the legal representatives of original grantee filed an application for restoration of the land under Sec. 5(1) of the Act. The Assistant Commissioner by an order dtd. 4/7/2013 rejected the application filed by the legal representatives of original grantee.

(3.) They, thereafter filed an application before the Deputy Commissioner, the Deputy Commissioner who by an order dtd. 21/10/2015 allowed the appeal and restored the land in favour of the legal representatives of original grantee. The aforesaid order passed by the Deputy Commissioner was challenged in a writ petition. The learned Single Judge of this Court by an order dtd. 20/3/2020 quashed the aforesaid order inter alia on the ground that there was an inordinate delay of 25 years in filing the application for resumption and allowed the writ petition. In the aforesaid factual background, this appeal has been filed.