HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal has been filed against the order dtd. 1/8/2019 passed by the learned Single Judge by which the writ petition preferred by the respondent No.4 has been allowed. In order to appreciate the appellant's grievance, few facts need mention which are stated infra.

(2.) Facts giving rise to the filing of the appeal briefly stated are that the land bearing old Sy.No.98 (new No.98/3) measuring 2 acres situated at Chikkagubbi Village, Bidarahalli Hobli, Bangalore East Taluk was granted in favour of Anjinappa on 30/4/1969. The aforesaid land was alienated under a registered sale deed dtd. 28/9/1970 and thereafter was re-conveyed in bits under different registered sale deeds. Some time in the year 2010, after a period of about 30 years, the legal representative of the original grantee filed an application under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the 1978 Act' for short). The aforesaid application was dismissed by the Assistant Commissioner by an order dtd. 1/4/2013. Being aggrieved, the appellant preferred an appeal before the Deputy Commissioner who inturn allowed the appeal by an order dtd. 6/6/2018. Being aggrieved by the aforesaid order, respondent No.4 preferred the writ petition which was allowed by the impugned order and the order passed by the Deputy Commissioner has been set aside inter alia holding that the application for resumption of land in question was made after a delay of 30 years. In the aforesaid factual background, this appeal has been filed.

(3.) Learned counsel for the appellant submitted that within the period of non-alienation, the land in question was sold on account of illiteracy of the original grantee. In support of aforesaid submission, reliance has been placed on the decisions of this Court in P. KAMALA Vs. STATE OF KARNATAKA,ILR 2019 KAR 3301. AND SHIVARAJU & ORS. Vs. DEPUTY COMMISSIONER,R.P.No.393/2022.