NARAYANAPPA Vs. DEPUTY COMMISSIONER CHIKBALLAPURA DISTRICT

JUDGEMENT

(1.) This writ petition is directed against the order dated 18.2.2013 passed by the respondent No.1- Deputy Commissioner vide Annexure-D.

(2.) The case of the petitioner is that the land bearing Sy.No.154 measuring 2 acres of Adavi Gollavarahalli Village, Chikkaballapur District was originally granted in favour of one Chikkabiaga @ Chikkabiyappa s/o Kollurappa on 14.5.1941. The said Chikkabiaga sold the said land in favour of A.Muniraju through sale deed dated 27.9.1968. The said Muniraju in turn sold the same in favour of G.Abdul Hakeem through registered sale deed dated 27.4.1970. The said Abdul Hakeem in turn sold the same in favour of Byrappa through sale deed dated 3.11.1979. The Byrappa sold the said property in favour of the petitioner through registered sale deed dated 2.8.2007. 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. The legal representatives of the original grantee filed an application under Sections 4 & 5 of the said Act before the Assistant Commissioner in the year 2008-09 for resumption of the land. The Assistant Commissioner by order dated 30.3.2009 dismissed the said application filed by the legal representatives of the original grantee. Being aggrieved by the same, an appeal was filed before the Deputy Commissioner challenging the said order of the Assistant Commissioner. The Deputy Commissioner vide order dated 18.2.2013 allowed the appeal and has restored the land in favour of the legal representatives of the original grantee. Being aggrieved by 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 in favour of one Chikkabiaga @ Chikkabiyappa s/o Kollurappa on 14.5.1941. The said Chikkabiaga sold the said land in favour of A.Muniraju through registered sale deed dated 27.9.1968. The said Act came into force on 1.1.1979. The legal representatives of original grantee filed an application under Sections 4 & 5 of the said Act in the year 2008- 09 for resumption of the land i.e., 29 years after the Act came into force. There is delay in filing the application 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.