Karnataka High Court
M/S C And C Hotels Venture Pvt.Ltd., vs The Nilgiri Dairy (Bangalore) Pvt.Ltd. on 29 August, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
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
2
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
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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)
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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:
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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
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