Karnataka High Court
Sri Muniyappa vs The Deputy Commissioner on 9 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.168 OF 2022 (SC/ST)
BETWEEN:
1. SHRI. MUNIYAPPA
S/O LATE MUNIMARAPPA
AGED ABOUT 67 YEARS.
2. SMT. GANGAMMA
W/O LATE THIPPAIAH
AGED ABOUT 52 YEARS.
3. SMT. VENKATALAKSHMAMMA
W/O LATE RAJANNA
AGED MAJOR.
4. SHRI. MUNIKRISHNAPPA
S/O LATE CHIKKADASAPPA
AGED ABOUT 54 YEARS.
ALL R/AT SURADENAPURA VILLAGE
HESSARAGATTA HOBLI
BANGALORE NORTH (ADDL) TALUK
BANGALORE.
SL. NO. 1 TO 4 ARE REP.
BY THEIR GPA HOLDER
2
SRI. B. BETTAIAH
S/O LATE BETTE GOWDA
AGED ABOUT 72 YEARS
R/AT. NO.29 & 30, 7TH "A" CROSS
23RD MAIN ROAD, J.P. NAGAR
II PHASE, BANGALORE-560078.
... APPELLANTS
(BY MR. B. RAVINDRANATH, ADV.,)
AND:
1. THE DEPUTY COMMISSIONER
BANGALORE DISTRICT
BANGALORE-560009.
2. THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB DIVISION
BANGALORE-560002.
3. SHRI. HEZRON JACOB
S/O REUBE JACOB
AGED MAJOR.
4. SMT. MADHU NAIDU
W/O HEZRON JACOB
AGED MAJOR.
BOTH ARE
R/AT NO.C 412
NEELADRI MAHAL
NANDIDURGA ROAD
JAYAMAHAL EXTENSION
BANGALORE - 46.
5. SRI. M. KADRIYAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 60 YEARS
R/AT SURADENAPURA VILLAGE
HESARAGATTA HOBLI
BANGALORE NORTH (ADDL) TALUK
3
BANGALORE-560061.
6. SRI. HANUMAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 60 YEARS
R/AT SURADENAPURA VILLAGE
HESSARAGATTA HOBLI
BANGALORE NORTH (ADDL) TALUK
BANGALORE-560061.
7. SHRI. T.S. BYLAPPA
S/O LATE SIDDARAMAIAH
AGE MAJOR
R/AT CHOKKANAHALLI VILLAGE
BANGALORE NORTH TALUK
BANGALORE 560 073.
8. SHRI. C.K. KARIYAPPA
S/O KUSHALAPPA
AGE MAJOR
R/AT GONIKOPPA
DAKSHINA KODAGU
KODAGU DISTRICT 571 236.
9. SHRI. K. SITHARAM
AGE MAJOR
R/AT 47/1, 5TH MAIN ROAD
CHAMARAJPET
BANGALORE 560 018.
... RESPONDENTS
(BY MR. S.S. MAHENDRA, AGA FOR R1 & R2)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS
WRIT APPEAL. SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE DATED 21/01/2020 IN WRIT
PETITION NO.44500/2013 (SC-ST) PASSED BY THIS HON'BLE
COURT. ISSUE ANY OTHER ORDER, DIRECTION, WRIT.
4
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
JUDGMENT
This intra Court appeal has been filed against the
order dated 31.01.2020 passed by the learned Single
Judge by which the writ petition preferred by the
appellants has been dismissed. In order to
appreciate the appellants' grievance, few facts need
mention which are stated infra.
2. Facts giving rise to the filing of the appeal
briefly stated are that the land bearing old Sy.No.
31/18 and new Sy.No. 70 measuring 2 acres situated
at Srimanahalli Village, Hesaraghatta Hobli,
Bangalore North (Addl.) Taluk was granted in favour
of Chikkathippa on 10.09.1949. The aforesaid land
was alienated under a registered sale deed dated
05.07.1967 and thereafter was re-conveyed on
07.07.1967, 31.07.1980, 22.05.1990 and 05.01.1994.
Some time in the year 2006, after a period of 26 years,
the legal representatives of the original grantee filed
an application under Section 5 of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of Certain Lands) Act, 1978 (hereinafter
referred to as 'the 1978 Act' for short). The aforesaid
application was allowed by the Assistant
Commissioner by an order dated 13.02.2008. The
respondents preferred an appeal which was allowed
by the Deputy Commissioner by an order dated
27.09.2012. The order passed by the Deputy
Commissioner was assailed by the appellants in a writ
petition. The writ petition preferred by the appellants
has been dismissed by the impugned order and the
order passed by the Deputy Commissioner dated
27.09.2012 was affirmed inter alia holding that the
application for resumption of land in question was
made after a delay of 26 years. In the aforesaid
factual background, this appeal has been filed.
3. Learned counsel for the appellants submitted
that within the period of non-alienation, the land in
question was sold on account of illiteracy of the
original grantee. It is further submitted that the
learned Single Judge had failed to appreciate that
against the order dated 13.02.2008 passed by the
Assistant Commissioner, an appeal in another
proceeding with regard to the very same land was
preferred before the Special Deputy Commissioner
which was dismissed on 28.07.2010. However, in the
case of the appellants, a contrary view has been taken
by the Deputy Commissioner. In support of aforesaid
submission, reliance has been placed on the decisions
of this Court in 'P. KAMALA Vs. STATE OF
KARNATAKA' ILR 2019 KAR 3301 AND
'SHIVARAJU & ORS. Vs. DEPUTY COMMISSIONER'
IN REVIEW PETITION NO. 393/2012 DECIDED ON
28.06.2022.
4. We have considered the submission made by
the learned counsel for the appellants and have
perused the record. The Supreme Court in
'NEKKANTI RAMA LAKSHMI Vs. STATE OF
KARNATAKA AND OTHERS' (2020) 14 SCC 432 has
held that Section 5 of the 1978 Act enables any
interested person to make an application for having
the transfer annulled as void under Section 4 of the
Act. The aforesaid Section does not prescribe for any
period of limitation. However, it has been held that
any action whether on an application of the parties or
suo motu, must be taken within a reasonable period of
time. The Supreme Court, in the aforesaid decision,
held that the application seeking resumption of the
land filed after a period of 24 years, suffered from
inordinate delay and was therefore, liable to be
dismissed on that ground. Similar view was taken by
the Supreme Court in 'VIVEK M.HINDUJA & ANR. Vs.
M.ASHWATHA' (2020) 14 SCC 228 and it was held
that whenever limitation is not prescribed, the party
ought to approach the competent Court or Authority
within a reasonable time beyond which no relief can
be granted. In the aforesaid case, delay of 20 years in
filing the application for resumption was held to be
unreasonable.
5. In the instant case, the proceeding under the
Act has been initiated after a delay of 26 years. Thus,
the proceeding initiated under the Act suffers from
delay and laches for which no explanation has been
offered. The learned Single Judge has therefore,
rightly affirmed the order passed by the Deputy
Commissioner.
For the aforementioned reasons, we do not find
any merit in the appeal. The same fails and is hereby
dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
SS
