Case Note & Summary
The writ petitions sought to quash the common order of the Deputy Commissioner dated 22.05.2023, which set aside the Assistant Commissioner's order dated 21.02.2019 in a case under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The background facts, as far as the incomplete judgment text reveals, date back to 1942 when the Government of Mysore issued orders to lease unoccupied irrigated lands to individuals for temporary cultivation to boost food production, with an option to purchase the lands after the lease period. The petitioner, claiming rights over such lands, challenged the Deputy Commissioner's reversal of the Assistant Commissioner's decision. The court's analysis and final decision are not included in the provided excerpt, which ends during the chronology of facts. The case involves multiple private respondents, state authorities, and complex questions regarding the applicability of the PTCL Act to lands granted under the 1942 orders. The proceedings are writ petitions under Articles 226 and 227 of the Constitution of India.
Issue of Consideration
Whether the Deputy Commissioner's order dated 22.05.2023 setting aside the Assistant Commissioner's order dated 21.02.2019 was valid under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, and whether the Act applies to lands granted under 1942 Government orders.
Case Details
2025 LawText (KAR) (01) 15
W.P.No. 13200 of 2023 C/W W.P.No. 13192 of 2023 and W.P.No. 13239 of 2023
For petitioner: Jayakumar S. Patil, Senior Counsel for Sanjay Krishna V., Advocate; For respondents: Savithramma, AGA for R-1 to R-4; A.J. James, R-5 (party in person) and for R-6; Prabhugoud B. Thumbigi, Advocate for R-7 to R-9; Eswara Rao, Advocate for R-10 to 12; S.T. Junjappa, Advocate for R-13 to 18
State of Karnataka and Others
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging the Deputy Commissioner's order dated 22.05.2023 which set aside the Assistant Commissioner's order dated 21.02.2019 in a case under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
Remedy Sought
The petitioner sought to quash the common order of the Deputy Commissioner and restore the Assistant Commissioner's order.
Filing Reason
The Deputy Commissioner set aside the Assistant Commissioner's order, which presumably was favorable to the petitioner or related to land rights under the PTCL Act.
Previous Decisions
The Assistant Commissioner passed an order on 21.02.2019 in KSC.ST.(BNA)44/2011-12. The Deputy Commissioner on appeal passed a common order on 22.05.2023 in PTCL 53/2022, PTCL 54/2022 and PTCL 61/2022 setting aside the Assistant Commissioner's order. The writ petitions were filed against the Deputy Commissioner's order.
Issues
Whether the Deputy Commissioner's order dated 22.05.2023 setting aside the Assistant Commissioner's order dated 21.02.2019 was valid under the PTCL Act.
Applicability of the PTCL Act to lands granted under the 1942 Government orders.
Judgment Excerpts
On 11.04.1942, the then General and Revenue Department of the Government of Mysore, issued an order in the background of the fact that there was a shortage in the production of food and fodder. In order to incentivise and increase the production, it was decided to put the unoccupied irrigateable lands, which had not been put to cultivation, to use by permitting the Deputy Commissioner to lease them out for a period of not exceeding three years, with concession in the payment of assessment to facilitate temporary cultivation of paddy.
On 13.06.1942, i.e., about two months from the aforementioned order, the Government issued another order, taking note of the fact that the farmers were not enthused about the prospect of taking the lands on lease only for three years and in making considerable investments, since they apprehended that they would be called upon to pay an upset price on the basis of the improvements that they had made to the land.
On 30.06.1942 i.e., within about 17 days of the aforementioned order, the Government issued another order sanctioning further concessions in the matter of tenure of the lease and payment
Procedural History
The Assistant Commissioner passed an order on 21.02.2019 in KSC.ST.(BNA)44/2011-12. The Deputy Commissioner passed a common order on 22.05.2023 in PTCL 53/2022, 54/2022 and 61/2022 setting aside the Assistant Commissioner's order. The petitioner challenged the Deputy Commissioner's order before the High Court of Karnataka by way of the present writ petitions.
Acts & Sections
- Constitution of India: Article 226, Article 227
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978:
