The need for evidence in disputed facts and the importance of timely resolution of appeals in land acquisition disputes.

1. The petitioners have challenged the legality of the order dated 10.07.2013, passed by the Deputy Commissioner, Bangalore Urban District, whereby according to the petitioners, the learned Deputy Commissioner had initially granted a stay in their favour, but subsequently had crossed out the stay order, and substituted it with the order "issue notice to hear whether to give a stay".

2. This case has a long and a checkered history, although the issue before this court is a short one.

3. The petitioners happen to be the wife, the married daughter, and the son of one Late Munishamaiah @ Munishamappa @ Sadu Munishamappa. According to the petitioners, since Munishamappa was a member of scheduled caste, in 1946 he was granted a land situated in Old Sy.No.7, New Sy.No.46, located in B.K. Palya Village, Jala Hobli, Bangalore North Taluk. The land was granted under the Mysore Land Revenue Code, 1888 ('the Code', for short). The land admeasured six acres.

4. Despite the fact that according to the terms of the grant, the land could not be alienated for fifteen years, on 25.08.1946, Mr. Munishamappa sold a parcel of the land, to the extent of three acres, to one Mr. Thimmaiah. On 05.12.1956, Mr. Thimmaiah mortgaged the said land in favour of Mr. Sheshagiri Rao. Subsequently after the mortgage was redeemed, the land was restored to Mr. Thimmaiah. Later on, Mr. Thimmaiah sold the land to one Mr. Thimmaiah, S/o Munivenkatappa, through a sale deed dated 26.06.1957.

5. Out of the remaining three acres of land, on 11.10.1946, Mr. Munishamappa sold two acres of land to one Mr. Narasappa. Subsequently, on 04.02.1959, Mr. Narasappa sold the said land to one Mr. Narayanappa. In turn, Mr. Narayanappa sold the said land in favour of Mr. Honnappa. By sale deed dated 17.07.1975, Mr. Honnappa sold one acre of land to one Mr. Krishnappa. Mr. Honnappa also sold twenty guntas of land in favour of one Mr. Pillappaiah. Thus, the remaining twenty guntas of land remained with Mr. Honnappa. Subsequently, twenty guntas were inherited by his son, Mr. Narayanaswamy. Meanwhile, Mr. Krishnappa sold one acre of his land to Mr. Phaniraj Kashyap, the respondent No.14 before this Court, through a sale deed dated 05.10.2005. Moreover, Mr. Pillappaiah, and Mr. Narayanswamy sold twenty guntas of their respective lands to Mr. Phaniraj Kashyap. Thus, Mr. Phaniraj Kashyap became the owner of two acres of land.

6. Out of six acres of land allegedly granted to Mr. Munishamappa, by sale deed dated 25.08.1946, he sold one acre of land to Mr. Appanappa. Subsequently, Mr. Chikka Munishamappa bought the said piece of land and continued to be in possession of the said land.

7. Mr. Munishamappa expired on 07.07.2010. However, during Mr. Munishamappa's life time, the land mentioned above, was acquired by the Karnataka Industrial Area Development Board ("KIADB", for short). The acquisition was made between 2005 and 2007. Between 2007 to 2011, KIADB issued award notification announcing consent award to an extent of Rs.64 Lakhs per acre. Consequently, in 2012, the petitioners filed a petition under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ("the Act", for short) before the Assistant Commissioner, Bangalore North Sub-Division. Before the learned Assistant Commissioner, the petitioners challenged the sale of the land which had taken place as early as 1946 to Mr. Thimmaiah, Mr. Narasappa, and Mr. Appanappa. According to the petitioners, since the land was granted under the Code, since it could not be alienated for fifteen years, since no permission of the Government was sought under the Act, the transfer was void-ab-initio. Therefore, the land could not have been sold to other persons. Hence, the land should be restored back to the petitioners.

8. By order dated 05.07.2013, the learned Assistant Commissioner dismissed the petition. Moreover, as the land was acquired by KIADB, the learned Assistant Commissioner als