C.K. KANUMAIAH Vs. DASAIAH

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 4/7/2012 passed by the learned Single Judge in W.P.No.19482/2012 by which the writ petition preferred by the appellants has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the land measuring 5 acres in Sy.No.275, New No.648 situated at Challakere Village, Chitradurga District, was granted to one Dasaiah. A saguvali chit was issued in his favour on 9/5/1940. The aforesaid land was alienated by registered sale deed which was executed on 12/9/1963. After about a period of 25 years from the date of coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short), an application was filed by the legal representatives of deceased grantee seeking resumption of the land. The aforesaid application was allowed by the Assistant Commissioner by an order dtd. 5/11/2003. The appellants who are the legal representatives of deceased purchaser, filed an appeal which was dismissed by the Deputy Commissioner by an order dtd. 24/10/2007. The appellants thereupon challenged the aforesaid order in a writ petition which was filed on 19/6/2012. The said writ petition has been dismissed by the learned Single Judge by an order dtd. 4/7/2012 on the ground of delay and laches. In the aforesaid factual background, this appeal has been filed.

(3.) We have heard the learned counsel for the parties at length.