Case Note & Summary
The dispute arose over the alienation of land bearing survey No. 187/2, which was Patilki Inam Land resumed to the Government under the Karnataka Village Offices Abolition Act, 1961. The land was regranted to the watan land-holder after he applied for regrant and paid the necessary fees. The Assistant Commissioner granted sanction for alienation of the land in 1968. However, the Act was amended in 1978, imposing a 15-year prohibition on alienation of regranted land. The appellant purchased 5 acres of this land in December 1982, after the prohibition had come into effect. The Tahsildar issued a notice for eviction, leading to a writ petition that was dismissed by the High Court, which upheld the prohibition. The appellant contended that the prior sanction granted in 1968 should allow for the alienation despite the amendment. The State argued that the alienation was void as it occurred after the prohibition was enacted. The Supreme Court dismissed the appeal, affirming the High Court's ruling that the alienation was null and void due to the statutory prohibition. The court emphasized that the amendment clearly stated the land was not transferable for 15 years from the commencement of the amendment, thus upholding the legal position established in prior cases. The appeals were dismissed with no order as to costs.
Headnote
A) Property Law - Alienation of Regranted Land - Statutory Prohibition - Karnataka Village Offices Abolition Act, 1961, Section 5(3) - The amended provision prohibits the alienation of regranted land for 15 years from 7.8.1978. The court held that the alienation that occurred on 4.12.1982 was void as it contravened the statutory prohibition in place. (Paras 788-791).
Issue of Consideration
Whether the alienation of regranted land after the amendment of Section 5(3) of the Karnataka Village Offices Abolition Act, 1961 was valid.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's ruling that the alienation was null and void due to the statutory prohibition under Section 5(3) of the Karnataka Village Offices Abolition Act, 1961 as amended.
Law Points
- Statutory prohibition
- alienation of regranted land
- amendment effect
- prior sanction validity
