K.S. LALITHAMMA Vs. GIDDAKADIRAPPA

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 7/12/2018 passed by Learned Single Judge by which the writ petition filed by the grantee 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' for short) has been allowed and the order of Deputy Commissioner dtd. 3/5/2012 has been set aside.

(2.) Facts giving rise to filing of this appeal in nutshell are that the land bearing Sy.No.28/P3 measuring 2 acres was granted by an order dtd. 22/5/1979. Thereafter, the aforesaid land was converted for residential purposes on 26/4/2003. After conversion of the land, the same was sold on 15/5/2006.

(3.) Thereafter, the grantee viz., the writ petitioner filed a petition under Sec. 4 of the Act before the Assistant Commissioner seeking resumption of the land. The aforesaid petition was allowed by the Assistant Commissioner by an order dtd. 1/9/2010, which was reversed in an appeal by the Deputy Commissioner dtd. 3/5/2012. The grantee challenged the aforesaid order in a writ petition. The Learned Single Judge by an order dtd. 7/12/2018 set aside the order passed by the Deputy Commissioner on the ground that there was no delay in seeking resumption of the land in question. In the aforesaid factual background, the purchaser of the land in question has filed this appeal.