SEETHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Present appeal is against the order dtd. 23/5/2022 passed in W.P.No.31097/2019 (SC/ST) by which the petition filed by the appellant challenging the order dtd. 17/10/2012 passed by the respondent No.2- Deputy Commissioner, Chikkaballapura District as per Annexure-A and order dtd. 29/3/2010 passed by respondent No.3 - Assistant Commissioner as per Annexure-B, is rejected.

(2.) The above writ petition was filed by the appellant claiming to be purchaser of land measuring 3 acres in Sy.No.59/P5 of Hiriyannanahalli Village, Kasaba Hobli, Chikkaballapura under Deed of Sale dtd. 6/8/2003. Admittedly the said land was granted in favour of one Sri.Moosappa on 29/8/1977. A Saguvali Chit dtd. 18/5/1981 was issued with a condition of non-alienation for a period of 15 years. The legal representatives of Moosappa namely 4th and 5th respondents along with their mother Smt.Munemma executed Deed of Sale dtd. 17/7/1997 in favour of one Sri.Ramakrishnappa from whom the appellant purchased as above. Respondent Nos.4 and 5 initiated proceedings under Sec. 5 of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (referred to as 'PTCL Act' for short) alleging violation of the provisions thereof and sought for resumption of land before the respondent No.3- Assistant Commissioner who by his order dtd. 29/3/2010 allowed the same. Aggrieved by the said order appellant preferred an appeal before the respondent No.2 -Deputy Commissioner who by his order dtd. 17/10/2012 dismissed the appeal confirming the order of the respondent No.3- Assistant Commissioner. Being aggrieved by the same present writ petition was filed.

(3.) Learned Single Judge taking note of the time taken in initiating the proceedings held that the proceedings were initiated within reasonable time and that there was no delay and accordingly dismissed the writ petition. Aggrieved by the same, present writ appeal.