BHYRAIAH Vs. BETTEGOWDA

JUDGEMENT

(1.) Although this appeal was listed in the orders list, with the consent of learned Counsel appearing for both the parties, it was taken up for final disposal.

(2.) Facts leading to this appeal are stated as under:

(3.) On remand, the Assistant Commissioner by registering the proceeding as No. PTCL:8/2003-04 on his file and after holding enquiry, by order dated 30-6-2004, again declined to order for restoration of the land in favour of the applicant, on the ground that, he has failed to establish that he is the legal heir of the original grantee and ordered for effecting mutation in the name of Government. The appellant, again aggrieved by the order of the Assistant Commissioner dated 30-6-2004, challenged the same by preferring an appeal No. PTL 7/2004-05 before the Deputy Commissioner, Chikmagalur, who by order dated 28th February, 2005, dismissed the appeal and confirmed the order passed by the Assistant Commissioner. Aggrieved by the said orders passed by the Assistant Commissioner and the Deputy Commissioner, the appellant has challenged the same by preferring writ petition in W.P. No. 536 of 2006 before this Court and the said writ petition came to be dismissed on 22nd July, 2008 for non-prosecution. Hence, the appellant filed two applications in I.A. Nos. 1 and 2 of 2012. I.A. No. 2 of 2012 under Section 151 of CPC read with Articles 226 and 227 of the Constitution of India, for recalling the order dismissing the writ petition for non-prosecution and I.A. No. 1 of 2012 under Section 5 of the Limitation Act, for condoning the delay of 3 years 5 months in filing the recalling application. Learned Single Judge, dismissed both the applications holding as under: