MANJUNATH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal takes an exception to an order dtd. 19/3/2021 passed by the learned Single Judge 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 4 acres of land in Sy.No.62 situated at Balasandra Village, Duggasandra Hobli, Mulabagal Taluk, Kolar District was granted to the grand father of the appellant in the year 1956. The grand father of the appellant, by a sale deed dtd. 21/5/1962, sold the aforesaid land. The appellant who is the grandson of the original grantee, filed an application on or about 24/3/2016 before the Assistant Commissioner 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). The Assistant Commissioner, by an order dtd. 5/7/2018, allowed the application and directed resumption of land in favour of the appellant. The aforesaid order was reversed by the Deputy Commissioner in an appeal by an order dtd. 25/7/2019.

(3.) The appellant assailed the validity of the aforesaid order in a writ petition. The learned Single Judge, by an order dtd. 19/3/2021, by placing reliance on the decision of Hon'ble Supreme Court in NEKKANTI RAMA LAKSHMI Vs. STATE OF KARNATAKA AND OTHERS,(2020) 14 SCC 232. inter alia, held that the application seeking resumption of land was filed after an inordinate delay of 35 years and therefore, the land could not be granted to be resumed in favour of the appellant. Accordingly, the writ petition was dismissed and the order passed by the Deputy Commissioner dtd. 25/7/2019 was affirmed. In the aforesaid factual background, this appeal has been filed.