Case Note & Summary
The petitioners, A K Chikkaveerappa and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the order dated 31.03.2018 passed by the Deputy Commissioner, Bengaluru Rural District (respondent No.2). The impugned order granted permission under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) in favor of respondents No.4 and 5. The petitioners contended that the Deputy Commissioner had granted the permission without following the mandatory guidelines and circulars issued by the State Government, which required prior approval from the Deputy Commissioner before granting such permission. The court noted that this was another case where the revenue authorities had thrown all guidelines and circulars to the wind while considering an application seeking permission under Section 4(2) of the PTCL Act. The court found that the impugned order was unsustainable and liable to be quashed. Consequently, the writ petition was allowed, the impugned order was set aside, and the matter was remitted back to the Deputy Commissioner for fresh consideration in accordance with the circulars dated 12.07.2012 and 24.07.2012. The Deputy Commissioner was directed to pass a fresh order within three months from the date of receipt of a copy of the order.
Headnote
A) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 4(2) - Grant of Permission - Mandatory Guidelines - The Deputy Commissioner granted permission under Section 4(2) of the PTCL Act without following the mandatory guidelines and circulars issued by the State Government, which required prior approval from the Deputy Commissioner before granting such permission. The court held that the order granting permission was unsustainable and liable to be quashed. (Paras 2-4) B) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 4(2) - Government Circulars - Compliance - The court observed that the revenue authorities had thrown all guidelines and circulars to the wind while granting permission. The impugned order was set aside, and the matter was remitted back to the Deputy Commissioner for fresh consideration in accordance with the circulars. (Paras 2-4)
Issue of Consideration
Whether the Deputy Commissioner could grant permission under Section 4(2) of the PTCL Act without following the mandatory guidelines and circulars issued by the State Government requiring prior approval from the Deputy Commissioner before granting such permission.
Final Decision
The writ petition is allowed. The impugned order dated 31.03.2018 passed by the Deputy Commissioner, Bengaluru Rural District (respondent No.2) is quashed. The matter is remitted back to the Deputy Commissioner for fresh consideration in accordance with the circulars dated 12.07.2012 and 24.07.2012. The Deputy Commissioner shall pass a fresh order within three months from the date of receipt of a copy of this order.
Law Points
- Section 4(2) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act
- 1978
- Government circulars dated 12.07.2012 and 24.07.2012
- Mandatory guidelines for grant of permission
- Quashing of order for non-compliance
