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2021 Supreme(Kar) 159

R.DEVDAS
K T Manjunath S/O K. N. Thippaiah – Appellant
Versus
State Of Karnataka By Its Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri R P Somashekharaiah, Advocate
For the Respondent:Sri Arun K S, HCGP, Sri K Ananda, Advocate

ORDER :

R. DEVDAS, J.

Petitioners herein are before this Court calling in question the order dated 04.07.2005 passed by the Assistant Commissioner and the order dated 07.05.2014 passed by the Deputy Commissioner, under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (hereinafter referred to as ‘PTCL Act, for short). A preliminary objection is raised at the hands of the private respondents that this writ petition is filed after delay of more than four years and therefore the writ petition is liable to be rejected on the sole ground of delay and laches. It is also submitted that the 4 appeal which was preferred by the petitioners herein before the Deputy Commissioner should not have been rejected on the ground that the appeal was filed after the delay of six years, since the order of the Assistant Commissioner is dated 04.07.2005 and the appeal was preferred in the year 2011.

2. The brief facts of the case are that land bearing Sy.No.119, New No.304 measuring 1 acre 18 guntas situated at Madanahalli Village, Gowribidanur, Kolar District was granted in favour of Sri M.Rangaswamy on 24.04.1964. The said M.Rangaswa

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