GOPALA GOUNDAR Vs. DEPUTY COMMISSIONER DAVANAGERE DISTRICT

JUDGEMENT

(1.) This writ petition is directed against the order dated 16.7.2012 passed by the respondent No.1- Deputy Commissioner vide Annexure-B and order dated 22.3.2010 passed by the respondent No.2- Assistant Commissioner vide Annexure-A.

(2.) The case of the petitioner is that the land bearing Sy.No.37/c of Madapura Village in Honnali Taluk measuring 3 acres 14 guntas was originally granted to one Lokyanaik s/o Kalyanaik on 19.8.1963. The said land was sold in favour of Somlibai by way registered sale deed dated 7.12.1970. The said Somlibai in turn sold the said land in favour of the petitioner-Gopala Goundar by registered sale deed dated 29.12.1972. The Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "the Act") came into force on 1.1.1979. One Gangadhara Naik claiming to be the legal representative of the original grantee filed an application under Sections 4 and 5 of the said Act in the year 2007-08 before the Assistant Commissioner for resumption of the granted land. The Assistant Commissioner by order dated 22.3.2010 allowed the said application and held that the applicant is not the legal representative of the original grantee and hence restored the land in favour of the State Government. Being aggrieved by the same, an appeal was filed by the petitioner before the Deputy Commissioner challenging the said order of the Assistant Commissioner. The Deputy Commissioner vide order dated 16.7.2012 dismissed the application and has confirmed the order of the Assistant Commissioner. Being aggrieved by the order of the Assistant Commissioner as well as the order of the Deputy Commissioner, the petitioner is before this Court.

(3.) The learned counsel appearing for the petitioner has contended that originally the land was granted to one Lokyanaik s/o Kalyanaik on 19.8.1963. The said land was sold in favour of Somlibai by way registered sale deed dated 7.12.1970. The said Somlibai in turn sold the said land in favour of the petitioner by registered sale deed dated 29.12.1972. The Act came into force on 1.1.1979. One Gangadhara Naik claiming to be the legal representative of the original grantee filed an application under Sections 4 and 5 of the said Act in the year 2007-08 for resumption of the land i.e., 28 years after the Act came into force. There is delay in filing the appeal before the Assistant Commissioner. In support of his case, he has relied upon the law laid down by the Hon'ble Supreme Court in the case of Nekkanti Rama Lakshmi -v- State of Karnataka and Another reported in 2018 (1) Kar. LR 5 (SC). Therefore, he sought for allowing the petition.