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ALOK ARADHE, VIJAYKUMAR A. PATIL
C. K. Kanumaiah – Appellant
Versus
Dasaiah – Respondent
JUDGMENT/ORDER
ALOK ARADHE,J. - This intra Court appeal has been filed against an order dtd. 4/7/2012 passed by the learned Single Judge in W.P.No.19482/2012 by which the writ petition preferred by the appellants has been dismissed.
2. Facts giving rise to filing of this appeal briefly stated are that the land measuring 5 acres in Sy.No.275, New No.648 situated at Challakere Village, Chitradurga District, was granted to one Dasaiah. A saguvali chit was issued in his favour on 9/5/1940. The aforesaid land was alienated by registered sale deed which was executed on 12/9/1963. After about a period of 25 years from the date of coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short), an application was filed by the legal representatives of deceased grantee seeking resumption of the land. The aforesaid application was allowed by the Assistant Commissioner by an order dtd. 5/11/2003. The appellants who are the legal representatives of deceased purchaser, filed an appeal which was dismissed by the Deputy Commissioner by an order dtd. 24/10/2007. The appellants thereupon cha
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 applications for resumption of land under the Act must be filed within a reasonable time, and inordinate delay without a prima facie explanati....
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 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....
Unreasonable delay in filing applications for resumption under Section 5 of the Act and the importance of approaching the competent authority within a reasonable time.
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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