SAKAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against the order dated 22.01.2014 passed by respondent No.2-Deputy Commissioner and order dated 04.12.2008 passed by respondent No.3-Assistant Commissioner vide Annexures-B and A respectively.

(2.) The case of the petitioners is that the land bearing Sy.No.15 measuring 4 acres of Eejugunte Village, Ronur Hobli, Srinivaspura Taluk, Kolar District was originally granted in favour of Smt. Seethamma W/o Muniswamy to the extent of 2 acres on 30.06.1960 and Saguvali Chit was issued on 11.09.1961 and remaining 2 acres of land was granted in favour of Sri. Muniswamy on 30.06.1960 by issuing Saguvali Chit on 06.10.1961. The said Seethamma and Muniswamy have sold the 4 acres of land in favour of respondent No.5-Mangamma on 03.02.1966. The said Mangamma sold the same in favour of respondent No.6-G. Muniswamy Reddy on 02.07.1968. Subsequently, respondent No.6 sold the said property in favour of husband of petitioner No.1 herein on 15.03.1982. 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 original grantee filed an application under Sections 4 & 5 of the said Act in the year 2002 for restoration of the land before the Assistant Commissioner. The Assistant Commissioner by order dated 04.12.2008 allowed the said application and restored the land in favour of the legal representatives of original grantee. Being aggrieved by the same, the petitioners filed an appeal before the Deputy Commissioner challenging the said order of the Assistant Commissioner. The Deputy Commissioner vide order dated 22.01.2014 dismissed the appeal and has confirmed the order of the Assistant Commissioner. Being aggrieved by the order of the Assistant Commissioner and the Deputy Commissioner, the petitioners are before this Court.

(3.) The learned counsel appearing for the petitioners has contended that originally 2 acres of land was granted in favour of Seethamma on 30.06.1960 and Saguvali Chit was issued on 11.09.1961. Remaining 2 acres of land was granted in favour of Muniswamy on 30.06.1960 and Saguvali Chit was issued on 06.10.1961. The said Seethamma and Muniswamy sold the said land in favour of Mangamma in the year 1966. The Mangamma in turn sold the same in favour of respondent No.6 on 02.07.1968 and respondent No.6 sold the same in favour of husband of petitioner No.1 herein on 15.03.1982. The said Act came into force with effect from 1.1.1979. Thereafter, the legal representatives of the original grantee filed an application under Sections 4 & 5 of the said Act for restoration of land in the year 2002 i.e., 22 years after the Act came into force. There is a 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.