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KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Gouramma @ Gangamma W/o. Tipperudrappa Medleri – Appellant
Versus
Deputy Commissioner Haveri – Respondent
JUDGMENT :
(PER: HON’BLE KRISHNA S.DIXIT)
This intra-court appeal seeks to call in question a learned Single Judge’s order dated 23.01.2024 whereby private respondents’ W.P. No.67352/2011 (KLR-RES) having been favoured, the orders of Assistant Commissioner and Deputy Commissioner for resumption of land under the provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the 1978 Act’), have been quashed and, as a consequence, appellant’s application filed for resumption has been dismissed.
2. Learned counsel appearing for the appellant- grantee vehemently argues that the rejection of the earlier applications for resumption having not been made on merits do not come in the way of making a fresh claim for resumption, as observed by the Deputy Commissioner and Assistant Commissioner in their resumption orders; learned Single Judge in holding to the contra has grossly erred in law; the question of dealing in making resumption application would pale into insignificance in view of Karnataka Act No.30 of 2023 whereby the 1978 Act has been amended, to the effect that there shall be no limitation of time to invoke the provisio
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....
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....
Applications for restoration of land under the Act must be made within a reasonable time; unreasonable delay can bar relief despite the absence of a statutory limitation.
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.
Unreasonable delay in restoration applications under statute undermines claims, establishing strict compliance with statutory timelines as essential for legal proceedings.
Applications for resumption and restoration under welfare legislations must be filed within a reasonable period, as excessive delay impacts justiciability.
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