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.

JUDGMENT :

N. V. ANJARIA, CJ.

Heard learned Advocate Mr. Saravana S for the appellants, learned Additional Government Advocate for respondent Nos.1 to 3 and learned Advocate Mrs. Prakruthi Raju for learned Advocate Mr. Yeshu Babu Ramdutt Mishra for respondent Nos.4 and 5.

2. The present appeal under Section 4 of the Karnataka High Court Act, 1961, preferred by the appellants-original petitioners is directed against judgment and order dated 10th June 2022 passed by learned Single Judge dismissing the writ petition.

2.1 In the writ petition, the appellants-petitioners challenged order dated 7th September 2021 passed by respondent No.1-Deputy Commissioner, Bengaluru. It was next prayed to grant the land bearing Survey No.189 admeasuring 2 acres, situated at Kattigenahalli Village, Jala Hobli, Bangalore North Taluk, previously Devanahalli Taluka, Bangalore Rural District.

2.2 As per the aforementioned order dated 7th September 2021, appeal filed by respondent Nos.4 and 5-private parties-T.A. Balaji and another, came to be allowed. Learned Assistant Commissioner whose order was under challenge in appeal, directed restoration of land. As stated above, the appeal was allowed and the same came to be confirmed by learned Single Judge.

3. The facts are that the appellant-petitioners are the heirs of one late Sri Lakshmaiah, who belonged to the Scheduled Caste and came to be granted the land in question in the year 1981. Under the two registered Sale Deeds dated 16th March 1995/29th March 1995, which were executed in favour of private respondent Nos.4 – Sri Balaji, the land was transferred.

3.1 The petitioners initiated proceedings before the Assistant Commissioner. The Assistant Commissioner held by passing order dated 1st April 2008 that there was violation of the provisions of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, consequently, cancelled the Sale Deeds and directed resumption of lands to be regranted in favour of the petitioner.

3.2 Respondent Nos.4 and 5 challenged the aforesaid order dated 1st April 2008 before the Deputy Commissioner by preferring appeal under section 5A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred as ‘the Act’). The appeal was decided on 6th January 2016. In Writ Petition No.3149 of 2017, the case was remanded on the aspect of consideration of delay and if the delay was to be condoned, to decide on merits. Thereafter, the proceedings resulted in order dated 7th September 2021, passed by the Deputy Commissioner, impugned in the petition.

3.3 While setting aside the order of the Assistant Commissioner, the aspect weighed with the Deputy Commissioner was that the land was alienated and transferred in favour of the appellants-Balaji and others, as the respondents herein, in the year 1995 and that the appellant-petitioner sought restoration thereof in the year 2007-2008 after lapse of about more than 11 years which was not a reasonable period, but amounted to inordinate delay.

4. The legal provisions and development of law in the subject deserve to be noticed. While ‘granted land’ is defined in Section 3(b) of the Act, Section 4 of the Act deals with the prohibition of transfer of granted lands, to provide that notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or commencement of the Act, in terms of the contravention of the grant or in contravention of the law in that regard or in breach of sub-Section (2) of Section 4, such transfer shall be treated as null and void, not to give any right, title or interest in favour of the person to whom the land is transferred.

4.1 As per sub-Section (2), no person shall after commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. Under sub-Section (3), the provisions in sub- Sections (1) and (2) are made a