Karnataka High Court
Shri. M. Muniswamy vs Deputy Commissioner on 18 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No.404 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT APPEAL NO.404 OF 2019 (SC-ST)
BETWEEN:
1. SHRI. M. MUNISWAMY
AGED ABOUT 44 YEARS
S/O LATE MUTHAPPA @ MUTTUGA
RESIDING AT THUBARAHALLI VILLAGE
VARTHUR HOBLI, BANGALORE EAST TALUK
BENGALURU-560 087.
...APPELLANT
Digitally signed
by RUPA V (BY SRI. PRAKASH T. HEBBAR, ADV.,)
Location: High AND:
Court of
Karnataka
1. DEPUTY COMMISSIONER
BANGALORE DISTRICT
K.G. ROAD, BENGALURU-560 009.
2. ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION
K.G. ROAD, BENGALURU-560 009.
3. SHRI. YELLAPPA
AGED ABOUT 76 YEARS
S/O SABAPATHI
MUNNEKOLALU VILLAGE
VARTHUR HOBLI
BANGALORE EAST TALUK
BENGALURU-560 087.
4. M/S. M.M. BHATIA & COMPANY
NO.4406, HIGH POINT IV
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WA No.404 of 2019
NO.45, PALACE ROAD
BENGALURU-560 001
REP. BY ITS PROPRIETOR
M.M. BHATIA
AGED ABOUT 70 YEARS
S/O LATE MOTUMAL BHATIA.
5. SHRI. G.M. RAMACHANDRA
S/O LATE G.M. MARIYAPPA
AGED ABOUT 48 YEARS
RESIDING AT NO.11, 16TH "E" MAIN
HAL II STAGE, BENGALURU-560 008.
6. SMT. A. JAYASHREE
W/O G.M. RAMACHANDRA
AGED ABOUT 40 YEARS
RESIDING AT NO.11, 16TH "E" MAIN
HAL II STAGE, BENGALURU-560 008.
7. SHRI. R. KOTHANDRAMAN
S/O N.M. RAJAGOPALAN
AGED ABOUT 50 YEARS
RESIDING AT NO. 217, GEM VILLA
HAPPY VALLEY, WHITEFIELD
BENGALURU-560 066.
8. SMT. SHEELA KOTHANDARAMAN
W/O R. KOTHANDARAMAN
AGED ABOUT 42 YEARS
RESIDING AT NO.217
GEM VILLA, HAPPY VALLEY
WHITEFIELD, BENGALURU-560 066.
9. SHRI. K. ISMAIL
S/O LATE MOHAMMED
AGED ABOUT 52 YEARS
NO.789, 2ND CROSS
CHOWDESHWARI LAYOUT
BENGALURU-560 037.
10. SHRI. HARIS KALLAI
S/O C.A. ASSOO
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WA No.404 of 2019
AGED ABOUT 45 YEARS
P.O. BOX NO. 103, ELENCO
ABUDABI-USE.
11. SHRI. N.K. KOTESWARAN
S/O LATE KACHIYAPPAN
AGED ABOUT 58 YEARS
RESIDING AT NO. 234
3RD MAIN, 2ND CROSS
FERNS CITY, DODDANEKKUNDI
OUTER RING ROAD, MARATHAHALLI
BENGALURU-560 037.
12. SMT. KARPAGASELVI
W/O SANJAYA KOTESHWARAN
AGED ABOUT 52 YEARS
RESIDING AT NO. 234
3RD MAIN, 2ND CROSS
FERNS CITY, DODDANEKKUNDI
OUTER RING ROAD, MARATHAHALLI
BENGALURU-560 037.
13. M/S. SRI. MEENAKSHI BUILDERS AND DEVELOPERS
NO.252, PRASHANTI NILAYAM
ROAD NO.2, BANJARA HILLS
HYDERABAD-500 004
REPTD. BY ITS MANAGING PARTNER
MR. J. NAGIREDDY.
...RESPONDENTS
(BY SRI. RAMESH J.C. ADV., FOR C/R4
SRI. LAXMI NARAYANA, AGA FOR R1 & R2
SRI. S.K. VENKATACHALAPATHI, ADV., FOR R5-R10
SRI. R. SHARADAMBA, ADV., FOR R11 & R12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
12.12.2018 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NOS.45091-92/2012 (SC/ST) AND CONFIRM THE ORDER
DATED 15.12.2006 PASSED BY THE RESPONDENT NO.2 IN
CASE NO.KSC.ST.83/2004-05 AT ANNEXURE 'E' IN W.P.
NOS.45091-92/2012.
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WA No.404 of 2019
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal has been filed against
order dated 12.12.2018 by which the writ petition
preferred by the appellant has been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the father of the appellant is granted 2
acres of land bearing Sy.No.7/4 situated at Toobarahalli
Village, Varthur Hobli, Bengaluru East Taluk, on
10.12.1940. The aforesaid lands were alienated in the
years 1965 and 1968. After a period of 26 years, an
application under the provisions of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978 (hereinafter
referred to as 'the Act') was filed seeking resumption of
the land. The aforesaid application was allowed by the
Assistant Commissioner by an order dated 02.05.2011.
WA No.404 of 2019
The order dated 02.05.2011 was set aside by the Deputy
Commissioner in an appeal. The appellant challenged
the aforesaid order in a writ petition before the learned
Single Judge who by an order dated 12.12.2018, has
dismissed the petition. In the aforesaid factual
background, this appeal has been filed.
3. Learned counsel for the appellant submitted
that the learned Single Judge grossly erred in
dismissing the writ petition.
4. We have considered the submissions made by
the learned counsel for the parties and have perused the
record. The Supreme Court in NEKKANTI RAMA
LAKSHMI Vs. STATE OF KARNATAKA AND OTHERS1
has held that Section 5 of the Karnataka Scheduled
Castes and Scheduled Tribes (Prohibition of Transfer of
Certain Lands) Act, 1978 (hereinafter referred to as 'the
(2020) 14 SCC 232
WA No.404 of 2019
Act' for short) 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.ASHWATHA2 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.
(2020) 14 SCC 228
WA No.404 of 2019
5. In the instant case, admittedly, the land was
granted in the year 1940 and the same was alienated in
the years 1965 and 1968. After a delay of 26 years from
the enactment of the Act, the application seeking
resumption of the land was filed for which no plausible
explanation has been offered.
For the aforementioned reasons, we do not find
any ground to differ with the view taken by the learned
Single Judge.
In the result, the appeal same fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
