CHIKKAMANTALAPPA Vs. ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION

JUDGEMENT

(1.) The petitioners claiming to be the legal representatives of the grantee aggrieved by the order at Annexure-B dated 29.09.2015 passed by the Deputy Commissioner, Bengaluru whereby, the appeal came to be allowed setting aside the order of the Assistant Commissioner, Bengaluru North Division, Bengaluru dated 25.09.2014, have filed the present petition.

(2.) The relevant facts are that the land is said to have been granted on 25.02.1932 and the first sale came to be executed by the original grantee on 03.06.1946. Subsequently, there have been other sale transactions and it is stated that the respondent No.5 had purchased the property through a sale deed dated 05.06.2010. The proceedings for resumption and restoration of the granted land are said to have been initiated before the Assistant Commissioner on 13.06.2011. The Assistant Commissioner has allowed the application filed by the grantees on 25.09.2014 and has recorded a finding that the grantees belong to Scheduled Caste and that the period of non-alienation as per applicable Rules, Mysore Land Revenue Code, 1888 is 20 years and has found that the period of nonalienation has been violated by virtue of the sale transaction entered on 03.06.1946.

(3.) The Assistant Commissioner has also adverted to the contention of limitation and states that the question of limitation in such matters does not arise and has referred to the judgment in the case of G.M.Venkata Reddy and Another v. The Deputy Commissioner, Kolar District, Kolar and Others, 2012 3 KCCR 1999.