Smt Muniyamma v. the Deputy Commissioner
Case brief
What is this about?
Writ appeal (SC-ST), Karnataka HC Division Bench; PTCL Act 1978 restoration of SC/ST granted land; application filed more than 19 years after sale held not within reasonable time; property changed hands through registered sale deeds of 1994, 2002, 2005 and 2016; Assistant Commissioner Doddaballapur restoration order dated 21.10.2020 set aside by Deputy Commissioner Bangalore Rural order dated 15.11.2021; Single Judge affirmed Deputy Commissioner relying on Nekkanti Rama Lakshmi, Vivek M. Hinduja, Chhedi Lal Yadav and Ningappa; intra-court appeal under Section 4 Karnataka High Court Act dismissed; certiorari sought against Annexure-B; original grantee Mallappa; claimant great grand daughter Muniyamma.
What did the court decide?
Initiation of proceedings beyond 19 years from the date of sale, with the property having changed hands, is not within reasonable time, on which basis the learned Single Judge dismissed the writ petition affirming the respondent No.1-Deputy Commissioner's order; this Division Bench found no error in that decision.