H M ANUSUYAMMA Vs. SST COMMISSIONER

JUDGEMENT

(1.) THE petitioner is purchaser of land bearing Sy. No. 7/1 of Huchvvanahakku village in Hiriyur Taluk. The land was granted in favour of one A. K. Bheemajja on 2. 3. 1954 with a non-alienation clause for 10 years. However, the grantee sold the land on 31. 10. 1963 to one Kanil Rahuthar, who in turn sold to one Erappa in the year 1967. The said Erappa sold to one Murthy in 1985 who sold to one Deepachand Jain in 1989. The petitioner purchased from him on 12. 12. 1991. The legal representative of the original grantee approached the Asst. Commissioner for restoration of the land under the provisions of the Act. The Asst. Commissioner by the impugned order at Annexure-A dated 28. 4. 1999 held that the sale of land is null and void into view of breach of conditions of grant and there is contravention of the provisions of KPTCL Act. Consequently, he ordered restoration. The same has been confirmed by the Deputy Commissioner in Annexure-B dated 15. 3. 2000. Petitioner is seeking to quash the said orders.

(2.) IT is not in dispute that the land was granted in the year 1954 with a condition that it shall not be alienated for a period of 10 years. Despite such condition, the grantee sold the land in the year 1963, before the expiry of non-alienation period. Hence, the Assistant Commissioner was justified in holding that the sale is bad. Rightly the Deputy Commissioner affirmed the same. Hence, no interference is warranted.

(3.) MR. R. V. Jayaprakash, learned counsel for the petitioner contended that the Act came into force with effect from 1. 1. 1979 but the proceedings had been initiated by the Asst. Commissioner on 20. 11. 1987, as such there is inordinate delay in initiating the proceedings. Hence, he submits that the impugned orders are liable to be quashed on account of delay and laches. The contention cannot be accepted for the simple reason that there is no time limit prescribed to exercise the power under the provisions of the Act. Section 4 of the Act reads thus:-