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2003 Supreme(Kar) 70

Karnataka High Court
AMMAYYAMMA - Appellant
Versus
STATE OF KARNATAKA MYSORE (PERSONAL AND MISCELLANEOUS) INAMS - Respondent
Decided On : 01-22-03
W.P. : 39448 of 2002

Advocates:
M.E.PRABHU, M.S.PURSHOTAM RAO

Headnote:Land grant

       MYSORE AYURVEDIC AND UNANI PRACTITIONERS REGISTRATION AND MEDICAL PRACTITIONERS MISCELLANEOUS PROVISIONS ACT, 1961 - Section 10 -Petitioner purchasing the Schedule land on 22-6-1959 -Amendment to the Act-application for grant of land - Deputy Commissioner for Inams Abolition -rejecting the application- reason, land in question vested in Government on 1-2-1959 -Appeal to Karnataka Appellate Tribunal -delay of 37 years -explanation offered -considered and reasoned well -dismissal -writ petition -High Court refused to interfere.

       [N. K. Patil, J.] - The Tribunal further has held that petitioner is negligent in taking action against the impugned order. Therefore, the Tribunal has considered the delay explained by the petitioner in the impugned order and given a cogent reason for not accepting the delay explained by the petitioner. Further, as rightly pointed out by the Counsel appearing for the respondents there is delay of more than 37 years in filing the appeal before the KAT for challenging the order passed by the Deputy Commissioner. Therefore, the petitioner has not made out any prima facie case to interfere in the impugned order passed by both the authorities below.

N. K. PATIL, J.

( 1 ) THE petitioner assails the validity and legality of the impugned order dated 10-1-1962 passed in No. 29/59-60 on the file of the Special Deputy commissioner for Inams Abolition, Bangalore Urban District, Bangalore, and consequently, the order dated 17-11-2000 vide Annexure-F passed in Appeal No. 418 of 1999 on the file of the Karnataka Appellate tribunal.

( 2 ) THE grievance of the petitioner is that she purchased the suit schedule land in question on 22-6-1959. In view of the amendment to the inams Abolition Act, Mysore and the Miscellaneous Inams Abolition Act,. 1954, she filed application for grant of land. The said application filed by the petitioner had come up before the second respondent on 10-1-1962. The second respondent after considering the material on record has rejected the request of the petitioner on the ground that all the lands are vested in the Government with effect from 1-2-1959 whereas, the petitioner has purchased the lands in question on 22-6-1959. Feeling aggrieved by the order passed by the second respondent dated 10-1-1962, petitioner filed appeal before the Karnataka Appellate Tribunal in Appeal No. 418 of 1999. The Appellate Tribunal after hearing the Counsels for both the parties and after considering the material on records and after scrutinising the entire original records available on file has dismissed the said appeal, as barred by time by its order dated 17-11-2000. Assailing the correctness of the order passed by the second respondent and the Karnataka Appellate Tribunal, petitioner has presented this writ petition.

( 3 ) THE learned Counsel for the petitioner submitted that the respondent being a poor illiterate rustic villager, she was not aware about the order passed by the second respondent. She came to know only when the notice was issued by the KLADB on the ground that lands have been notified and acquired for public purpose. Immediately thereafter, she contacted Advocate and enquired about the matter and obtained the certified copy of the order and filed appeal before the KAT. Further, he vehemently submitted that she had no notice, as such issued before passing the impugned order by the second respondent. The second respondent has proceeded without following the provisions under the Act and this matter is not at all taken into consideration by the KAT. The tribunal has dismissed the said appeal filed by the petitioner on the ground that there is inordinate delay in filing the appeal and the said delay has not been explained satisfactorily. Learned Counsel for the petitioner submitted that there is no bar on the part of the petitioner for not challenging the order from the date of knowledge. The said order has been challenged before the Appellate Tribunal within a reasonable time. Therefore, the said delay has not been intentional or deliberate but for bona fide reason and that she is an ignorant and rustic villager and she does not have the knowledge of legal implications. Therefore, it is submitted by the learned Counsel that the impugned order passed by the deputy Commissioner and Tribunal are liable to be set aside.

( 4 ) PER contra, learned Additional Government Advocate, appearing for the respondents, inter alia, submitted and justified the impugned order passed by the authorities and the said order is passed strictly in accordance with law. There is inordinate delay of more than three and half decades and the said delay has not been explained satisfactorily and the petitioner was not vigilant enough. Therefore, the Tribunal has rightly considered the material available on record and after going through the original records has dismissed the request of the petitioner affirming the order passed by the Deputy Commissioner. Therefore, the writ petition filed by the petitioner is liable to be dismissed.

( 5 ) HEARD the learned Counsel for the petitioner and the learned Additional government Advocate.

( 6 ) THE order has been passed by the Special Deputy Commissio





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