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1 - 4 of 4 (0.21 seconds)Nekkanti Rama Lakshmi vs State Of Karnataka on 26 October, 2017
4. We have considered the submission made by
the learned counsel for the appellants and have
perused the record. The Supreme Court in
'NEKKANTI RAMA LAKSHMI Vs. STATE OF
KARNATAKA AND OTHERS' (2020) 14 SCC 432 has
held that Section 5 of the 1978 Act enables any
interested person to make an application for having
the transfer annulled as void under Section 4 of the
Act. The aforesaid Section does not prescribe for any
period of limitation. However, it has been held that
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any action whether on an application of the parties or
suo motu, must be taken within a reasonable period of
time. The Supreme Court, in the aforesaid decision,
held that the application seeking resumption of the
land filed after a period of 24 years, suffered from
inordinate delay and was therefore, liable to be
dismissed on that ground.
Vivek M.Hinduja &Amp Ors. vs M.Ashwatha . on 6 December, 2017
Similar view was taken by
the Supreme Court in 'VIVEK M.HINDUJA & ANR. Vs.
M.ASHWATHA' (2020) 14 SCC 228 and it was held
that whenever limitation is not prescribed, the party
ought to approach the competent Court or Authority
within a reasonable time beyond which no relief can
be granted. In the aforesaid case, delay of 20 years in
filing the application for resumption was held to be
unreasonable.
Section 4 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
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