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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WP NO 100768 OF 2016 (SC/ST)

BETWEEN

SRI. LAXMAN S/O GIREPPA BETAGERI

AGE:45 YEARS

OCC:AGRL

R/O:SAVASUDDI

TQ:RAIBAG

DIST:BELAGAVI-580001

...PETITIONER

(BY SRI. MRUTYUNJAY TATA BANGI, ADV.,)

AND

1 . THE DEPUTY COMMISSIONER

BELAGAVI

2 . THE ASSISTANT COMMISSIONER

CHIKODI

DIST:BELAGAVI

3 . SMT.LAKKAWWA W/O YAMANAPPA MANG

AGE:60 YEARS,OCC:AGRL

R/O:SAVASUDDI,TQ:RAIBAG

DIST:BELAGAVI-580001

4 . SRI RAMAPPA S/O LAKKAWWA MANG

AGE:35 YEARS,OCC:AGRL

R/O:SAVASUDDI

2

TQ:RAIBAG

DIST:BELAGAVI-580001

5 . SRI LAKKAPPA S/O IRAPPA KORE

AGE:MAJOR

OCC:AGRL

R/O:SAVASUDDI

TQ:RAIBAG

DIST:BELAGAVI-580001

6 . SRI SHIVAPUTRA S/O IRAPPA KORE

AGE:MAJOR

OCC:AGRL

R/O:SAVASUDDI

TQ:RAIBAG

DIST:BELAGAVI-580001

…RESPONDENTS

(BY SRI.VINAYAK S KULKARNI, AGA FOR R1 AND R2 ;

PRASHANT S HOSAMNI, ADV., FOR C/R3 AND C/R4;

R5 AND R6 SERVED)

THIS WRIT PETITION IS FILED UNDER SECTIONS 226

AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE

ORDER

PASSED

BY

THE

1ST

RESPONDENT

DEPUTY

COMMISSIONER BELAGAVI DATED:17.12.2015 IN RB/MISE/AP-

15/2013-14, COPY AS ANNEXURE-F AND THE ORDER PASSED BY

THE 2ND RESPONDENT ASSISTANT COMMISSIONER CHOKODI

IN PTCL/CR-03/2011-12 DATED:08.01.2014, COPY AS PER

ANNEXURE-D AS ARBITARY, UN-REASONABLE AND ULTRA-

VIRES THE PROVISIONS OF THE KARNATAKA SCHEDULE CASTE

AND SCHEDUEL TRIBES (PROHIBITION OF TRANSFER OF

CERTAIN LANDS) ACT-1978.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN B GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

Land bearing R.S.No.120/2 measuring 5 acres 23 guntas

situated at Savasiddi village, Raibag taluka, Belagavi district was

granted to Sri.Yamunappa father of the 3^rd respondent who

belonged to scheduled caste and scheduled tribe. The original

grantee namely Sri.Yamunappa died on 28/9/1992 leaving

behind respondent Nos. 3 and 4 as legal heirs. The 3^rd and 4^th

respondent sold land in question in favour of respondent Nos. 5

and 6 by registered sale deed dated 11/8/1987. In turn the

respondent Nos. 5 and 6 sold the land in question to the

petitioner by registered sale deed dated 9/11/2004.

Thereafter, the 3^rd and 4^th respondent filed an application

under Section 4 of the Karnataka Scheduled Caste and

Scheduled Tribes (Prohibition of Transfer of Certain Lands) Acts,

1978 (For short the ‘Act’) for resumption of the land in question

on the ground that the land in question was alienated without

prior approval of the State Government as required under

Section 4(1) of the Act. The Assistant Commissioner by order

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dated 8/1/2014 passed an order declaring that the sale deed

effected in favour of respondent Nos.5 and 6 and also the

petitioner, is null and void and restored the land in question to

respondent Nos.3 and 4. Being aggrieved, the petitioner filed

revision petition before the 1^st respondent Deputy Commissioner.

The 1^st respondent Deputy Commissioner by order dated

17/12/2015 dismissed the revision petition confirming the order

passed by the Assistant Commissioner. Taking exception to the

same, this writ petition is filed.

2.

Learned counsel for the petitioner submits that

application for resumption was filed after an inordinate and

unexplained delay of more than 15 years. Hence, he submits

that application for resumption filed by respondent Nos.3 to 4

was not filed within reasonable the time and as such, the

impugned order passed by respondent Nos.1 and 2 requires to

be set aside.

3.

In support of his submission, he has placed

reliance on the decision of the Hon’ble Apex Court in the

case of Vivek M Hinduja and other V/s. M.Ashwatha

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and others reported in 2019(5) KCCR SN 154 (SC) and

the case of Nekkanti Rama Lakshmi -vs- State of

Karnataka and another reported in ILR 2018 Kar. 1352

and in the case of Cheddi La