YATHIRAJU Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ appeal is against the order dtd. 25/11/2021 passed in W.P.No.19079/2014 (SC-ST) by which the said writ petition filed by the appellants herein has been dismissed.

(2.) The aforesaid writ petition was filed by the appellants herein claiming to be the legal heirs of one Muniyappa, s/o late Sonnappa belonging to the Scheduled Caste community. It is the case of the appellants that land in Sy.No.24/14 and new Sy.No.89 measuring 3 acres situated at Kasavanahalli village originally was granted in favour of one Sri.Venkataramana, S/o Muniya vide order dtd. 15/8/1929 for free of cost with a specific condition of non-alienation forever. That based on the said grant, name of said Venkatarama was mutated in the revenue records and in the family partition the aforesaid land had fallen to the share of Muniyappa. That respondents purchased the property in terms of registered deed of sale in the year 1993. That the appellants initiated the proceeding under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act') in case No. K.SC.ST.57/2004-05 which was allowed by respondent No.2-the Assistant Commissioner declaring the sale deed to be null and void by his order dtd. 4/6/2008. The said order was taken in appeal before the respondent No.1-Deputy Commissioner who by order dtd. 6/3/2014 allowed the appeal setting aside the order of the respondent No.2 resulting in filing of the above writ petition by the appellants.

(3.) Learned Single Judge after hearing the parties and perusing the records found that the proceedings under the PTCL Act were initiated after an inordinate delay of 11 years and in view of the law down by the Apex Court in the case of NEKKANTI RAMA LAKSHMI vs. STATE OF KARNATAKA AND ANOTHER reported in 2018(1) Kar.L.R. 5 (SC) has held that the application not having been filed within reasonable time dismissed the petition.