M.V. NANDISH Vs. SPECIAL DEPUTY COMMISSIONER BANGALORE

JUDGEMENT

(1.) Smt. M.C. Nagashree, the learned Government Header is directed to take notice for the respondents. The petitioner has called into question the first respondent Special Deputy Commissioner's order, dated 23.12.2009 (Annexure-A1) directing the deletion of the petitioner's name from the revenue records in respect of the land measuring 4 acres standing at Sy. No. 74/346 of Bandikodgehalli, Jala Hobli, Bangalore North Additional Taluk. It is further ordered that the land in question be shown as the government land.

(2.) Sri. Sachin Kedilaya, the learned counsel for the petitioner submits that though the petitioner is the recorded owner of the land in question, he is not put on notice. He complains of the violation of the proviso to Section 136(3) of the Karnataka Land Revenue Act, 1964 ('the said Act' for short), which reads as follows:

(3.) Sri. Kedilaya would contend that just because the statute does not prescribe any time-frame for exercising the power, it does not mean that the power can be exercised any time; it has to be exercised within a reasonable time. He submits that the land was granted to the petitioner's vendor many decades ago. It is held to be bad after decades of years.