Case Note & Summary
The petitioner, Smt. Kumari, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 14.11.2022 passed by the Deputy Commissioner, Shivamogga District, in SC, ST Appeal No.10/2021, which confirmed the order dated 20.12.2019 passed by the Assistant Commissioner in PTCL.CR-15/16-17 under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act). The dispute pertains to land in Kallapura Village, Bhadravathi Taluk. On 26.12.2002, a committee regularised the unauthorised occupation of Goniyappa, the father of respondents 4 to 7. The petitioner claimed that the regularisation was illegal as the respondents were not original grantees. The Assistant Commissioner and Deputy Commissioner upheld the regularisation. The High Court, after hearing the parties, found that the regularisation was valid as the respondents were in possession and the land was granted to their father, a member of SC/ST. The court dismissed the petition, holding that there was no error in the impugned orders.
Headnote
A) Land Law - Regularisation of Unauthorised Occupation - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 5A - The petitioner challenged the regularisation of land in favor of respondents 4 to 7, claiming they were not entitled as they were not original grantees. The court held that the regularisation was valid as the respondents were in possession and the land was granted to their father, a member of SC/ST. (Paras 1-3)
B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court examined the scope of its writ jurisdiction and found no error in the orders of the authorities below warranting interference. (Para 4)
Issue of Consideration
Whether the Deputy Commissioner's order confirming the regularisation of land in favor of respondents 4 to 7 under the PTCL Act is sustainable in law.
Final Decision
The writ petition is dismissed. The impugned orders are upheld.
Law Points
- Regularisation of unauthorised occupation
- SC/ST (Prevention of Atrocities) Act
- Karnataka Land Revenue Act
- PTCL Act
- Writ jurisdiction under Articles 226 and 227
Case Details
2025 LawText (KAR) (01) 27
WP No. 26018 of 2022 (SCST)
Sri. Madhukar Nadig (for petitioner), Smt. Hemalatha V. (AGA for R-1 to R-3), Sri. S.V. Prakash (for C/R-4 and R-5 to R-7)
The Deputy Commissioner, Shivamogga District; The Assistant Commissioner, Shivamogga District; The Tahasildar, Bhadravathi Taluk; Sri. Rangappa; Smt. Rathanamma; Smt. Jayamma @ Shashikala; Smt. Manjula
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Nature of Litigation
Writ petition challenging orders of Deputy Commissioner and Assistant Commissioner under PTCL Act regarding regularisation of land.
Remedy Sought
Petitioner sought quashing of order dated 14.11.2022 passed by Deputy Commissioner in SC, ST Appeal No.10/2021 and order dated 20.12.2019 passed by Assistant Commissioner in PTCL.CR-15/16-17.
Filing Reason
Petitioner claimed that regularisation of land in favor of respondents 4 to 7 was illegal as they were not original grantees.
Previous Decisions
Assistant Commissioner passed order on 20.12.2019 under Section 5A of PTCL Act; Deputy Commissioner confirmed it on 14.11.2022 in appeal.
Issues
Whether the regularisation of land in favor of respondents 4 to 7 under the PTCL Act was valid.
Submissions/Arguments
Petitioner argued that respondents 4 to 7 were not entitled to regularisation as they were not original grantees.
Respondents argued that the regularisation was valid as they were in possession and the land was granted to their father, a member of SC/ST.
Ratio Decidendi
The regularisation of unauthorised occupation under the PTCL Act in favor of the legal heirs of the original grantee is valid, and the writ court will not interfere with concurrent findings of fact unless perverse.
Judgment Excerpts
The facts, which are not in dispute, are as follows: On 26.12.2002, the Committee constituted for regularising unauthorised occupation passed an order regularising the unauthorised possession of Goniyappa.
Procedural History
On 26.12.2002, a committee regularised the unauthorised occupation of Goniyappa. The petitioner challenged this before the Assistant Commissioner, who passed an order on 20.12.2019 under Section 5A of the PTCL Act. The petitioner appealed to the Deputy Commissioner, who confirmed the order on 14.11.2022. The petitioner then filed the present writ petition on an unspecified date.
Acts & Sections
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978: Section 5A
- Constitution of India: Articles 226, 227
