Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 24 views

    Wa2870 14 10 03 2015

    Uploaded by

    Preetha
    The document discusses a writ appeal regarding permission granted in 2008 to alienate land, with conditions. The appellant sold the land but couldn't purchase the alternate land and sought cancellation in 2014. The court upheld the single judge order rejecting this, as no law provides a right to seek cancellation after the alienation, and the appellant delayed without explanation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Wa2870 14 10 03 2015

    Uploaded by

    Preetha
    24 views5 pages
    The document discusses a writ appeal regarding permission granted in 2008 to alienate land, with conditions. The appellant sold the land but couldn't purchase the alternate land and sought cancellation in 2014. The court upheld the single judge order rejecting this, as no law provides a right to seek cancellation after the alienation, and the appellant delayed without explanation.

    Original Title

    WA2870-14-10-03-2015

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses a writ appeal regarding permission granted in 2008 to alienate land, with conditions. The appellant sold the land but couldn't purchase the alternate land and sought cancellation in 2014. The court upheld the single judge order rejecting this, as no law provides a right to seek cancellation after the alienation, and the appellant delayed without explanation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views5 pages

    Wa2870 14 10 03 2015

    Uploaded by

    Preetha
    The document discusses a writ appeal regarding permission granted in 2008 to alienate land, with conditions. The appellant sold the land but couldn't purchase the alternate land and sought cancellation in 2014. The court upheld the single judge order rejecting this, as no law provides a right to seek cancellation after the alienation, and the appellant delayed without explanation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 10TH DAY OF MARCH 2015

    PRESENT

    THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE

    AND

    THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

    WRIT APPEAL NO. 2870 OF 2014 (SC/ST)

    BETWEEN :

    SRI. ASHOK KUMAR,


    AGED ABOUT 32 YEARS,
    S/O SMT MUNIPOOJAMMA,
    (W/O LATE TALARI VENKATARAYAPPA),
    AGRICULTURIST,
    R/O CHINTAMANI TALUK - 563 125,
    CHICKKABALLAPURA DISTRICT.
    ... APPELLANT
    (By Sri. V.K NARAYANASWAMY, ADV.,)

    AND

    1. THE STATE OF KARNATAKA


    REPRESENTED BY ITS
    SECRETARY TO GOVERNMENT,
    REVENUE DEPARTMENT,
    VIDHANA SOUDHA,
    BANGALORE - 560 001.
    2

    2. THE DEPUTY COMMISSIONER


    CHICKABALLAPURA DISTRICT,
    CHICKABALLAPURA - 562 101.

    3. SRI K.V. RAMAKRISHNAPPA


    AGED ABOUT 68 YEARS,
    S/O LATE B.K.VENKATARAYAPPA,
    R/AT ANJANI EXTENSION,
    CHINTAMANI - 563 125.

    4. SMT. K.R. SHYAMALA


    W/O ARI RAM MOHAN,
    AGED ABOUT 48 YEARS,
    R/AT AMUNENI ROAD,
    MADANAPALLI,
    CHITTOOR DISTRICT A.P-517 325.

    5. SMT. K.R. LAVANYA


    AGED ABOUT 35 YEARS,
    W/O SRI M. SRINIVAS,
    R/AT ANJANI EXTENSION,
    CHINTAMANI - 563 125.

    6. SRI.C.K. SHABBEER
    AGED ABOUT 55 YEARS,
    S/O LATE C. ABDUL KHUDDUS
    R/AT VENKATAGIRI KOTE,
    CHINTAMANI - 563 125.
    ... RESPONDENTS

    (By Sri. R. DEVDAS, PRL. GA FOR R1 & R2)

    THIS WRIT APPEAL IS FILED U/S 4 OF THE


    KARNATAKA HIGH COURT ACT PRAYING TO SET
    ASIDE THE ORDER PASSED IN THE WRIT PETITION
    NO.26532/14 DATED 20/8/14 AND ETC.,
    3

    This writ appeal coming on for Orders this day, Ram Mohan
    Reddy, J, delivered the following:

    JUDGMENT

    This intra court appeal by the petitioner in

    W.P.26532/2014 rejecting the petition by order dated 20th

    August 2014, of the learned single Judge is grounded on the

    fact that during the year 2008, at the instance of the appellant,

    the authority under the Karnataka SC & ST (Prohibition of

    Transfer of Certain Lands) Act, 1978 granted permission to

    alienate 2 acres of land in Sy.No.139 (old No.31) of Kasaba

    Hobli, Chintamani Taluk, Chikkaballapura District, with a

    condition that the appellant would have to purchase alternate

    land for the said consideration and pursuant thereto, having

    sold the land, appellant was unable to purchase the alternate

    land, hence entitled, as a matter of right, to seek cancellation

    of the order of the year 2008, permitting alienation.


    4

    2. The learned single Judge, in our considered opinion,

    justifiably declined to accept the said plea, of a vested right to

    have the order cancelled, on the premise that the order was

    of the year 2008, pursuant to which, appellant admittedly

    executed the conveyance deed and approached the Court

    only during the year 2014, without explaining the delay, and

    as no provision of law was pointed investing a right in the

    appellant to seek to recall the order permitting alienation.

    3. In this appeal too, learned counsel for the appellant

    is unable to point out to any provision of law by which the

    appellant is invested with a right, inlaw, to seek cancellation

    of the order permitting alienation that too after the alienation.

    We do not find any legal infirmity in the order impugned

    calling for interference.


    5

    4. In the circumstances the application to condone the

    delay of 41 days in filing the appeal does not merit being

    allowed.

    Appeal along with I.A. is, stand rejected.

    Sd/-
    CHIEF JUSTICE

    Sd/-
    JUDGE

    Ia/-

    You might also like