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CHANDRAPPA v. THE DEPUTY COMMISSIONER

Supreme Court of India | Diary 27888/2019

Status

Order

Decided On

2024-12-19

Bench

HON'BLE MR. JUSTICE UJJAL BHUYAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

CHANDRAPPA

Respondent

THE DEPUTY COMMISSIONER

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos.14729-14730 OF 2024

(Arising out of SLP(C)Nos. 25151-25152/2019)

CHANDRAPPA & ANR. … APPELLANTS Versus

THE DEPUTY COMMISSIONER & ORS. … RESPONDENTS

O R D E R 1. Leave granted.

2. The challenge herein is to an order dated 28.02.2019, passed

by a Division Bench of the High Court of Karnataka at Bengaluru,

declining the condonation of delay of 1784 days. Consequently, the

application to recall the order dated 16.01.2014, whereby Writ

Appeal Nos.3643-44/2012 were dismissed in default has also been

turned down.

3. The controversy revolves around the validity of sale deeds

executed by C.K. Naik, the original grantor, to whom the subject

land was allotted free of cost, as he was a member of the Scheduled

Caste Banjara Community. Similarly, the subsequent sale deeds,

executed by his legal heirs, and then repeated sales by their

vendees, all are subject matter of dispute. The Statutory

Authorities, by invoking powers under the Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer of Certain

Lands) Act, 1978 (for short, `PTCL Act’), have annulled all those

sale deeds and directed that the land be restored in favour of the

legal heirs of the original grantee.

4. The appellants are subsequent vendees of a part of the

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land in dispute and the sale deeds in their favour too have been

annulled. They appro...

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