VAJRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) For the reasons stated in the applicationsI.A.Nos.1/2025 and 2/2025, to condone the delay of 15 days in filing the recall application and for recalling the order dtd. 2/6/2025, the same are allowed. The delay of 15 days in filing the recall application is condoned, and the order dtd. 2/6/2025 is recalled.

(2.) The appellant has filed the above captioned appeal impugning an order dtd. 9/12/2019, passed by the learned Single Judge of this Court in W.P.No.45868/2017 (SC/ST), whereby the writ petition preferred by respondent No.4 challenging the orders passed by the Assistant Commissioner (respondent No.3) and the Deputy Commissioner (respondent No.2), directing the resumption of subject land was allowed.

(3.) The appellant states that 1 acre 36 guntas of land falling in Survey No.12/7 (New Survey No.34) of Manavarthekaval Village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru [subject land] was granted to her father, Sri. Depot Muniyappa [original grantee] on 21/6/1957 (Order No.DDS5/1956-57). The original grantee along with his wife and daughter sold the land to respondent No.4, Jayanthi Shivaram, under a registered sale deed dtd. 30/5/1995. The grant of the subject land was subject to the condition that it would not be alienated for a period of 15 years. Therefore, the original grantee, his wife and daughter had sold the land after the period of restriction had elapsed.