C M VENKATESH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra-court appeal is filed by the appellant against the order dated 10th Dec. 2018 passed by the learned Single Judge in W.P.No.25969/2009 whereby the learned Single Judge has allowed the writ petition filed by the third respondent herein.

(2.) On 11.4.1942, the land bearing Survey No.67 (new), measuring 2 acres 3 guntas situated in Booragamakalahalli Village, Chintamani, Kasaba Hobli was granted to one Smt.Gurramma. The said grantee sold the land in favour of the grandfather of the third respondent through a registered sale deed dated 16th Sept. 1957. After the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act, 1978 (for short 'the said Act of 1978) came into force on 1st Jan. 1979, the appellant herein had filed an application before the Assistant Commissioner, Chikkaballapura sub-division, Chikkaballapura under Sec. 5 of the said Act for restoration of the said land. The Assistant Commissioner by order dated 30th March 2009 has allowed the application. Being aggrieved by the same, the purchaser filed an appeal before the Deputy Commissioner. The Deputy Commissioner has confirmed the order passed by the Assistant Commissioner. Being Aggrieved by the same, the third respondent herein filed W.P.No.25969/2009 before this Court. The learned Single Judge has relied upon the law laid down by the Apex Court in the case of Nekkanti Rama Lakshmi Vs. State of Karnataka and another reported in 2018(1) Kar. L.R.5 (SC) wherein the appellant had invoked the provision of Sections 4 and 5 of the Act where there is inordinate delay for exercising the power under Sec. 5 of the Act. Following the said judgment of the Apex Court, the learned Single Judge has allowed the writ petition by order dated 10th December 2018. Challenging the said order, the present appeal is filed.

(3.) In the case on hand, the land was granted in favour of Smt.Gurramma in the year 1942 and it was sold in favour of the grandfather of the third respondent herein through a registered sale deed dated 16th Sept. 1957. The said Act of 1978 came into force on 1st Jan. 1979. The application was filed by the appellant under Sec. 5 of the Act for restoration of the land in the year 2007. There is a delay of almost twenty-eight years in invoking the provisions of Section 5 of the said Act. The Honourable Apex Court in the case of Nekkanti Rama Lakshmi (supra) held that it is a settled position of law that whether the statute provides for a period of limitation. The provisions of the statute must be invoked within a reasonable time. It is held that whether action on an application of the parties or suo-motu must be taken within a reasonable time.