GOPALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against the order dated 27.8.2010 passed by the respondent No.3- Assistant Commissioner vide Annexure-F and order dated 10.10.2011 passed by the respondent No.2- Deputy Commissioner vide Annexure-G under the provisions of Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

(2.) The case of the petitioner is that the land bearing Sy.No.157 and 157/26 (New No.335) measuring 4 acres of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk was originally granted in favour of Ramabhovi on 27.6.1956. The said Ramabhovi sold the said land in favour of respondent No.5-Smt.Muniyamma on 16.2.1981. The respondent No.5 in turn sold the said land in favour of respondent No.6-Smt.Simpamma in the year 18.12.1985. The respondent No.6 inturn sold the said land in favour of petitioner by registered sale deed dated 12.1.2004. 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 respondent No.4 filed an application under Sections 4 and 5 of the said Act in the year 2008 for resumption of the land before the Assistant Commissioner. The Assistant Commissioner by order dated 27.8.2010 allowed the said application and restored the land in favour of the legal representatives of the original grantee. 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 10.10.2011 dismissed the application and has confirmed the order of the Assistant Commissioner. 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 Ramabhovi by the competent authority on 27.6.1956. The said Ramabhovi sold the said land in favour of the respondent No.5 on 16.2.1981. The respondent No.5 in turn sold the same in favour of respondent No.6 in the year 18.12.1985. The respondent No.6 sold the same in favour of the petitioner by registered sale deed dated 12.1.2004. The said Act came into force with effect from 1.1.1979. Thereafter, respondent No.4 filed an application under Sections 4 and 5 of the said Act in year 2008 for restoration of the land i.e., 30 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.