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2023 Supreme(Online)(Kar) 34144
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34433 OF 2014 (SC-ST)
BETWEEN:
SRI. SADASHIVA REDDY, SON OF NARAYANA REDDY, AGED ABOUT 67 YEARS, H. NAGASANDRA, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101.
…PETITIONER (BY SRI. MANJUNATH V. RAYAPPA, ADVOCATE)
AND:
1. STATE OF KARNATAKA, Digitally signed by LAKSHMINARAYAN BY SECRETARY TO GOVERNMENT N Location: High DEPARTMENT OF REVENUE, Court of Karnataka KARNATAKA GOVERNMENT SECRETARIAT, VIDHANA VEEDHI, BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR - 562 101.
3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB-DIVISION, CHIKKABALLAPUR.
4. SMT. POOJARI GANGAMMA, WIFE OF ANJANAPPA, MAJOR, RESIDING AT H. NAGASANDRA, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101.
…RESPONDENTS (BY SRI. VENKATASATYANARAYAN, HCGP FOR R1 TO R3;
SRI. L. SRINIVASABABU, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN CASE NO.PTCL(G)159/08-09 ON THE FILE OF THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB- DIVISION, ANNEXURE-G AND RECORDS IN CASE NO.RA-SC- ST-35(A)2012-2013 ANNEXURE-K ON THE FILE OF DY. COMMISSIONER, CHIKKABALLAPUR (R-2) PERUSE THE SAME AND ALLOW THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the purchaser feeling aggrieved by the order passed by the respondent No.3/Assistant Commissioner ordering for restoration of petition land and the order passed by the respondent No.2/Deputy Commissioner confirming the order of the Assistant Commissioner.
2. Before I advert to the facts of the present case, it would be useful to refer to the judgments rendered by the Apex Court on this issue in Nekkanti Rama Lakshmi .vs. State of Karnataka and another1 and Vivek M. Hinduja .vs. M. Aswatha2. It would be also useful to refer to the judgment rendered by a Co-Ordinate Bench of this Court in W.P.No.50446 of 2012, which was confirmed by the Division Bench in W.A.No.16/2021 disposed of on
05.04.2021.
3. The Apex Court in the case of Nekkanti Rama Lakshmi, while interpreting Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") had an occasion to examine the point of limitation wherein interested person can file appropriate application
seeking annulment of sale as void under Section 4 of the PTCL Act. The Apex Court by reiterating the principles laid down in Chhedi Lal Yadav .vs. Hari Kishore Yadav3 and also in the case of Ningappa .vs. Deputy Commissioner and others4 has held that where Statute did not prescribe the period of limitation, the provisions of the Statute must be invoked within a reasonable time. The Apex Court was of the view that the authorities have to give due regard to the period of time within which action has to be taken by the interested person. The Apex Court was of the view that it is well within the discretion of the competent authorities not to annul the alienations where there is inordinate delay in initiating action by the interested persons under Sections 4 and 5 of the PTCL Act. The co-ordinate Bench of this Court in W.P.No.50446/2012 disposed of on 24.1.2020 declined to entertain the application filed by the original grantee where there was a delay of ten years. This Court was of the view that the
application itself was not maintainable since the same was not filed within a reasonable time. While recording the finding, this Court relied on the judgment of the Apex Court in Ningappa .vs. Deputy Commissioner and others, where the Apex Court had declined to entertain the application which was submitted after nine years seeking restoration of land under Sections 4 and 5 of the PTCL Act. The judgment rendered by a co-ordinate Bench of this Court in W.P.No.50446/2012 is affirmed by the Division Bench of this Court in W.A.No.16/2021.
4. In the present case on hand, there is a delay of
30 years in initiating action. The authorities below have not examined the delay and laches in moving the application. The judgments cited supra clearly indicates that on the ground of gross delay and laches, the application made by the grantee or by the legal heirs under Section 5 of the PTCL Act requires to be rejected. The Hon'ble Apex Court in the above cited judgment has held that where statute does not provide for limitation, the authorities and State must act consciously and if the process of invoking the provisions of statute is delayed and is initiated after long lapse of time, the delay by itself would act as an impediment. Thus, without exception and coming across various rules of law, the Apex Court has categorically stated the law in respect of exercise of power/jurisdiction under statute where no limitation is stipulated. The law on the point of delay and laches to invoke the provisions of PTCL Act is well settled by catena of judgments.
5. In the instant case, diligence is woefully lacking. There is a gross delay of 30 years in initiating action. Therefore, the respondent No.3/Assistant Commissioner was not justified in entertaining the application. The respondent No.4 is not entitled for restoration of the pet
