M. MUNISWAMY Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal has been filed against order dtd. 12/12/2018 by which the writ petition preferred by the appellant has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the father of the appellant is granted 2 acres of land bearing Sy.No.7/4 situated at Toobarahalli Village, Varthur Hobli, Bengaluru East Taluk, on 10/12/1940. The aforesaid lands were alienated in the years 1965 and 1968. After a period of 26 years, an application under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act') was filed seeking resumption of the land. The aforesaid application was allowed by the Assistant Commissioner by an order dtd. 2/5/2011. The order dtd. 2/5/2011 was set aside by the Deputy Commissioner in an appeal. The appellant challenged the aforesaid order in a writ petition before the learned Single Judge who by an order dtd. 12/12/2018, has dismissed the petition. In the aforesaid factual background, this appeal has been filed.

(3.) Learned counsel for the appellant submitted that the learned Single Judge grossly erred in dismissing the writ petition.