The Limitation Act applies only to petitions or applications filed under any act to a civil court and not to forums or authorities other than a civil court.

( 1 )

( 2 ) ALL these petitions are taken up together for disposal since the principal prayer therein is for:"declaration that the Provisions of Limitation Act are applicable for making application for resumption of the land under Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978".

( 3 ) CERTAIN undisputed facts in these petitions are that the lands in question were government lands that were granted to respective grantees belonging either to scheduled castes or scheduled tribes, and that these lands were granted to them under darkhast imposing a condition not to alienate them for a specified period. It is an admitted fact that these lands were alienated by the grantees or their legal representatives ('l. rs' for short) in violation of the said condition. Therefore, respondent 2-assistant commissioner ('a. c. ' in short) on applications made either by the grantees or the l. rs passed the impugned orders under Section 5 of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the ptcl act' for short) holding that the alienations of the respective lands in favour of the alienees are null and void and, that, the applicants before him were entitled to restoration of those respective lands. The purchasers appeals filed against the said orders of a. c. before the deputy commissioner also came to be dismissed by the latter under his impugned orders.

( 4 ) THE only material point that was canvassed vehemently by the learned counsel for petitioners assailing the legality of the impugned orders was that since the said applications made to the a. c. either by the grantees or the l. rs seeking restoration of the lands under Section 5 of the ptcl act were obviously made long after expiry of the period of 3 years from the date of commencement of the act they were all barred by [imitation by virtue of article 137 of Limitation Act, 1963 and, as such, the a. c. had no jurisdiction to entertain those applications and pass the impugned orders. Therefore, the point of law which calls for decisions herein is whether, in the absence of any express provision in the ptcl act providing the limitation period for any legal action to be taken thereunder, the Limitation Act, 1963 is applicable to the proceedings under the ptcl Act, specially to the proceeding under Section 5 thereof?

( 5 ) AS indicated, there is no express provision in the ptcl act itself prescribing any period of limitation for making an application by any person before the a. c. seeking action under Section 5 seeking the relief of restoration of the transferred granted land from the transferee (purchaser ). for that matter, we do not find any provision in the ptcl act prescribing limitation period for any other proceedings contemplated thereunder. This act is a special enactment. Its object as we find in its preamble is to provide for prohibition of alienation of certain lands granted to the members of scheduled caste and scheduled tribe in the state. The assistant commissioner of the revenue division is constituted as the authority to enquire into the illegal alienations of the "granted lands" and to restore them to grantees of their l. rs in accordance with the various Provisions thereof. Rule 3 of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) rules, 1979 (the rules' for short) framed under the act lays down the procedure to be followed by the assistant commissioner in conducting enquiry under Section 5 thereof. Sub-rule (5) of this Rule states that the assistant commissioner shall for the purpose of enquiry under Section 5 follow the procedure stipulated for a formal enquiry under Section 33 of the Karnataka land revenue Act, 1964. In view of this Rule, it was contended by learned counsel for petitioners Mr. S. p. shankar that the assistant commissioner functions as a revenue court as envisaged under Section 25 of th