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ALOK ARADHE, S. VISHWAJITH SHETTY
Chikkathayamma – Appellant
Versus
Puttathayamma – Respondent
JUDGMENT
1. This intra Court appeal has been filed against the order dtd. 27/11/2018 passed by the learned Single Judge by which the writ petition preferred by the respondent Nos.1 to 6 has been allowed.
2. Facts giving rise to the filing of the appeal briefly stated are that the father-in-law of the appellant was granted land measuring 4 acres of Sy.No.81, Block-A, New No.137 of Ragimuddanahalli Village, Kothathi Hobli, Mandya Taluk on 31/5/1946. By a registered sale deed, the aforesaid land was sold to the husband of respondent No.1 on 9/8/1977. After a period of 20 years, the appellant filed an application seeking resumption of the land under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act', for short.
3. The Assistant Commissioner, by an order dtd. 31/1/2003, allowed the application preferred by the appellant. In the appeal, the aforesaid order was affirmed. Thereupon, respondent Nos.1 to 6 challenged the order in a writ petition before the learned Single Judge which has been allowed by an order dtd. 27/11/2018.
4. Learned counsel for the appellant has raised a singula
Unreasonable delay in filing the application for resumption of land under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, does not entitle th....
The main legal point established in the judgment is that applications for resumption of land under the Act must be filed within a reasonable time, and inordinate delay without a prima facie explanati....
The main legal point established in the judgment is that any action, including filing an application seeking resumption of land, must be taken within a reasonable period of time, and inordinate delay....
The main legal point established in the judgment is that delay in initiating proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978....
Inordinate delay in initiating proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 renders the application liable to be dismisse....
The court established that amendments to the 1978 Act did not alter the principle that unreasonable delay in filing resumption applications could lead to dismissal, emphasizing the distinction betwee....
Applications for resumption and restoration under welfare legislations must be filed within a reasonable period, as excessive delay impacts justiciability.
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