High CourtsDIVISION BENCH(2017) 08 KAR CK 0029

M/s C&C HOTELS VENTURE PVT. LTD. vs THE NILGIRI DAIRY (BANGALORE) PVT. LTD., & ORS.

Karnataka High Court · Decided on 29 August 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
CASE NUMBER
2453 of 2015 (SC-ST)

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Judgment

8 paragraphs · 203 words
1.

The writ appeal is barred by limitation. The delay is of 160 days.

2.

A writ petition was filed challenging an order passed by the Deputy Commissioner, Bengaluru Rural District, confirming the order of the Assistant Commissioner in a proceeding under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

3.

The Hon''ble Single Judge, by the order impugned, disposed of the writ petition holding that the original grantee, namely, Muniyappa, belonged to Christian community and was not a member of the Scheduled Caste community.

4.

The heirs and legal representatives of Muniyappa challenged the said order by filing an appeal, which was registered as Writ Appeal No.862 of 2015. By the judgment and order dated June 13, 2017, the said writ appeal was dismissed confirming the order of the Hon''ble Single Judge.

5.

The present appellant claims to be a purchaser from Muniyappa. He is, therefore, bound by the order passed against his vendor.

6.

Consequently, we do not find any merit in the writ appeal.

7.

The application for condonation of delay in filing the writ appeal stands dismissed. Consequently, the writ appeal is, also, dismissed.

8.

We make no order as to costs.