IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.2453 OF 2015 (SC-ST) BETWEEN:
M/s C&C HOTELS VENTURE PVT. LTD. REGD. OFF: 7TH FLOOR MERIAN COMMERCIAL TOWER WINDSOR PLACE, JANPATH NEW DELHI – 1 BY ITS DIRECTOR SRI.GURUMEET SINGH UBERAI S/O M.S.UBERAI AGE: 55 YEARS NO.33/7, PLOT NO.9 SAMALKA, N.H.8 NEW DELHI – 110 037 ... APPELLANT (BY MR.SHAILESH KUMAR R., ADVOCATE) AND:
1. THE NILGIRI DAIRY (BANGALORE) PVT. LTD. REGD. OFF: NO.171 BRIGADE ROAD BANGALORE – 560 001 BY ITS MANAGING DIRECTOR SRI.C.KUMAR, 61 YEARS S/O M.CHENNIAPPAN 2. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR ROAD BANGALORE- 560 001 3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE – 560 001 4. ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION BANGALORE RURAL DISTRICT BANGALORE – 560 001 5. TAHSILDAR DEVANAHALLI TALUK BANGALORE – 562 110 6. SRI.MUNIYAPPA SINCE DEAD BY LRS A. SRI.RAMESH, AGE: 38 YEARS B. SRI.NARASAMMA, AGE: 47 YEARS C. SMT.MADDURAMMA, AGE: 45 YEARS D. SRI.NARASIMHAIAH, AGE: 40 YEARS ALL ARE CHILDREN OF MUNIYAPPA AND ARE R/A POOJANAHALLI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110 7. SRI.B.R.RAMESH S/O B.RANGAIAH SHETTY AGE: MAJOR R/A VENKATESHWARA NAGARA VENKATESHPURA VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE – 560 045 … RESPONDENTS (MR.K.SUMAN, ADVOCATE FOR R1 MR.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE FOR R2 TO R5) ---
This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P.Nos.9643 of 2007 c/w 3649 of 2008 c/w 11723 of 2009 dated 11.2.2015.
This appeal coming on for Preliminary Hearing this day, THE CHIEF JUSTICE delivered the following:
JUDGMENT 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.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV