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2023 Supreme(SC) 446

DINESH MAHESHWARI, SANJAY KUMAR
Shakuntala – Appellant
Versus
State Of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Tarun Kumar Thakur, Adv. Ms. Parvati Bhat, Adv. Ms. Anuradha Mutatkar, AOR
For the Respondent(s): Dr. Sushil Balwada, AOR Mr. Kaushal Yadav, Adv. Mr. Nandlal Kumar Mishra, Adv. Ms. Yashoda Katiyar, Adv. Mr. Arjun Raghuvanshi, Adv. Mr. Ram Kishor Singh Yadav, Adv. Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Ms. Rajeshwari Shankar, Adv. Mr. Niroop Sukrithy, Adv. Mr. Jay Nirupam, Adv.

JUDGMENT :

Sanjay Kumar, J.

1. The core issue in these appeals is whether passage of time would impact enforcement of statutory rights.

2. Facts, admitted as they are, may first be noted: Late Somalanayak, the father of Neelyanayak, respondent No.5 herein, was allotted 4 acres of agricultural land in Survey No. 56 (old), New Survey No. 86, Baragenahalli, Lakkavalli Hobli, Tarikere Taluk, Chikmagalur District, Karnataka, under Government Grant dated 22.03.1957. This grant was made under the Depressed Class Rules in the Land Revenue Code with an express condition that the land should not be alienated for a period of 15 years. However, Somalanayak sold the land under registered sale deed dated 20.02.1964 to one Bomme Gowda. In turn, Ningamma, the wife of late Bomme Gowda, sold the land to one K.G. Rajanna under registered sale deed dated 26.12.1974. K.G. Rajanna then sold the land to one N. Indramma and others under registered sale deed dated 25.03.1996. On 02.03.2001, N. Indramma and others sold the land to the present appellant under a registered sale deed of the same date.

3. In the interregnum, the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lan


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