GOURAMMA @ GANGAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra-court appeal seeks to call in question a learned Single Judge's order dtd. 23/1/2024 whereby private respondents' W.P. No.67352/2011 (KLR-RES) having been favoured, the orders of Assistant Commissioner and Deputy Commissioner for resumption of land under the provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the 1978 Act'), have been quashed and, as a consequence, appellant's application filed for resumption has been dismissed.

(2.) Learned counsel appearing for the appellant- grantee vehemently argues that the rejection of the earlier applications for resumption having not been made on merits do not come in the way of making a fresh claim for resumption, as observed by the Deputy Commissioner and Assistant Commissioner in their resumption orders; learned Single Judge in holding to the contra has grossly erred in law; the question of dealing in making resumption application would pale into insignificance in view of Karnataka Act No.30 of 2023 whereby the 1978 Act has been amended, to the effect that there shall be no limitation of time to invoke the provisions of the 1978 Act. Counsel submits that, this aspect having been lost sight of, there is error apparent on the face of the impugned order of the learned Single Judge. Learned Government Advocate also maintained the same stand.

(3.) Having heard the learned counsel appearing for the appellant and the learned Government Advocate, we decline indulgence in the matter for the following reasons: