SACHIN SHANKAR MAGADUM
Devamma, W/o Late Eraiah – Appellant
Versus
Deputy Commissioner Hassan District – Respondent
ORDER :
The captioned writ petition is filed challenging the order passed by the respondent No.1/Deputy Commissioner who has allowed the appeal and set aside the order passed by the respondent No.2/Assistant Commissioner ordering resumption of petition lands in favour of the petitioners/grantees.
2. Before I advert to the facts of the present case, it would be useful to refer to the judgments rendered by the Apex Court on this issue in Nekkanti Rama Lakshmi .vs. State of Karnataka and another, (2020) 14 SCC 232 and Vivek M. Hinduja .vs. M. Aswatha, (2019) 1 Kant LJ 819 SC. It would be also useful to refer to the judgment rendered by a Co-Ordinate Bench of this Court in W.P.No.50446 of 2012, which was confirmed by the Division Bench in W.A.No.16/2021 disposed of on 05.04.2021.
3. The Apex Court in the case of Nekkanti Rama Lakshmi's case while interpreting Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes(Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") had an occasion to examine the point of limitation wherein interested person can file appropriate application seeking annulment of sale as void under Section 4 of the PTCL Act. The Apex Court by
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