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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
Madamma Since Dead By Lr's – Appellant
Versus
Deputy Commissioner – Respondent
| Table of Content |
|---|
| 1. legislation protects grantee interests. (Para 1 , 5) |
| 2. parties dispute regarding delay in application. (Para 2 , 3) |
| 3. delay beyond reasonable time is unacceptable. (Para 4 , 6 , 7) |
| 4. appeal dismissed as without merit. (Para 8) |
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
This appeal is filed by the appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 08.06.2023 passed by the learned Single Judge in W.P.No.36576/2018 (SC/ST).
2. Sri. Prasad Hegde K.B., learned counsel appearing for the appellants submits that the learned Single Judge has committed an error in allowing the writ petition without appreciating the material available on record in its proper perspective. It is submitted that the learned Single Judge has failed to take note of the fact that the sale deed executed is in violation of the grant conditions and solely on the ground of delay, has proceeded to allow the writ petition. It is further submitted that the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') is a welfare legislation with a specific object to protect the interests of the grantee and there i
Applications for resumption and restoration under welfare legislations must be filed within a reasonable period, as excessive delay impacts justiciability.
Unreasonable delay in restoration applications under statute undermines claims, establishing strict compliance with statutory timelines as essential for legal proceedings.
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 is that applications for restoration under the PTCL Act must be filed within a reasonable period, as interpreted by the Hon'ble Supreme Court judgments.
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.
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