RADHAMMA G Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Notice as against Respondent No.6 was dispensed with by the learned Single Judge. Hence, no steps are required to be taken against the said respondent.

(2.) Show cause notice dated 21st November 2017 was issued directing the petitioner-appellants to appear for enquiry on 08th January, 2018. The same was the subject matter before this Court on the ground that the grantees who approached the Assistant Commissioner after a lapse of 33 years from the date of sale and it is impermissible to entertain any petition/application filed with unreasonable delay of more than 25 years. In support of the submission, the learned counsel appearing for the appellants placed reliance on the judgment of Hon'ble Supreme Court in the case of NEKKANTI RAMA LAKSHMI v. STATE OF KARNATAKA AND ANOTHER in Civil Appeal No.1390 of 2009 wherein it is held that delay/lapse of 24 years in approaching the Court under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 is unreasonable. The learned counsel submits that entertaining the application filed by the grantees is unreasonable, arbitrary and contrary to the spirit of the Act. The learned counsel for the respondents supported the order.

(3.) Heard the learned counsel for the parties. The learned Single Judge has dismissed the prayer of the petitioner- appellants observing as under: