High CourtsDIVISION BENCH(2017) 02 KAR CK 0210

Sri. Rangaiah vs The State of Karnataka By its Secretary Department of Revenue, & Ors.

Karnataka High Court · Decided on 10 February 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
1471 of 2017 (LA-KIADB)

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Judgment

11 paragraphs · 355 words
1.

The appeal is barred by limitation. The delay is of 29 days.

2.

By consent of learned advocates appearing for the parties, the writ appeal is taken up for final disposal.

3.

This is an appeal against the judgment and order dated December 6, 2016, passed by the Hon''ble Single Judge in Writ Petition No.42444 of 2016.

4.

The writ petitioner has been the owner of 4 acres of land in survey No.539 (old survey No.371) at Himmavu village, Nanjangud taluk, Mysuru district. The land was allotted by the Assistant Commissioner in favour of the writ petitioner''s father on June 11, 1955. A notification was issued on October 31, 2006, under the Karnataka Industrial Area Development Act, 1966, proposing to acquire the land of the writ petitioner.

After issue of the notification, the writ petitioner on November 18, 2006, transferred the property in favour of one S.M.Arunesh, for a sale consideration of Rs.6,00,000/- (Rupees six lakh) only. Subsequently, the final notification was issued on April 10, 2007.

5.

After purchasing the property, the said purchaser got his name recorded in the revenue records, in relation to the property-in-question and submitted his claim for compensation.

However, the writ petitioner, through his daughter, filed a proceeding under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which was allowed in favour of the daughter of the writ petitioner on December 12, 2015. The writ petitioner claims compensation of the acquired land, as the transfer in favour of Arunesh was declared void.

6.

It has been found by the Hon''ble Single Judge that the compensation has been paid to Arunesh. If the writ petitioner has any grievance, it is for him to take appropriate steps against the said Arunesh, before the appropriate forum.

7.

We do not find any infirmity in the order impugned. The application for condonation of delay in filing the appeal is dismissed. Consequently, the appeal is, also, dismissed.

8.

In view of dismissal of this appeal, the pending interlocutory applications do not survive for consideration and are, also, dismissed.

9.

We make no order as to costs.