Case Note & Summary
The petitioner, Mr. Gunapal Athikari, filed a writ petition under Article 226 of the Constitution of India challenging an endorsement dated 27.1.2018 issued by the 3rd respondent (Tahsildar, Belthangady) rejecting his application for permanent ownership of land bearing Sy.No.102/1, measuring 6 acres 95 cents, situated at Mudukodi village, Belthangady Taluk, Dakshina Kannada District. The land was originally leased to the petitioner's mother, Smt. Chandravathi, under the South Canara District Lease of Lands for Cultivation Rules, 1957, for a period of 30 years from 15.9.1958. The lease agreement provided an option for the lessee to seek permanent ownership after the expiry of the lease period. The petitioner's mother complied with all terms and conditions and was in possession and cultivation until her death on 3.4.1993. During her lifetime, she had applied for permanent ownership, but the application was pending when she died. The petitioner, as her sole survivor, continued the application. The Deputy Commissioner, in proceedings No.LND (3) CR.226/1995-96, passed an order on 9.3.1999 (Annexure-C) which referred to an earlier order. However, the Tahsildar rejected the petitioner's application via the impugned endorsement. The court considered the facts and held that the petitioner, being the legal heir, is entitled to seek permanent ownership. The court quashed the endorsement and directed the respondents to consider the petitioner's application afresh in accordance with law, within three months. The writ petition was allowed.
Headnote
A) Land Law - Lease of Agricultural Land - Permanent Ownership - Legal Heir - The petitioner, son of deceased lessee, sought permanent ownership of land leased to his mother under the South Canara District Lease of Lands for Cultivation Rules, 1957. The lease was for 30 years with an option to seek permanent ownership after expiry. The lessee died before her application was decided. The court held that the petitioner, as the sole legal heir, is entitled to pursue the claim for permanent ownership, and the impugned endorsement rejecting his application was quashed. (Paras 1-6)
Issue of Consideration
Whether the petitioner, as the legal heir of the deceased lessee, is entitled to seek permanent ownership of the leased land under the South Canara District Lease of Lands for Cultivation Rules, 1957, after the lessee's death during the pendency of her application.
Final Decision
The writ petition is allowed. The impugned endorsement dated 27.1.2018 (Annexure-H) is quashed. The respondents are directed to consider the petitioner's application for permanent ownership afresh in accordance with law, within three months from the date of receipt of a copy of this order.
Law Points
- Lease of agricultural land
- permanent ownership
- legal heir
- succession
- South Canara District Lease of Lands for Cultivation Rules
- 1957
- writ jurisdiction
- Articles 226 of Constitution of India
Case Details
2019 LawText (KAR) (02) 6
Writ Petition No.23608/2018 (KLR-RES)
Sri N Sukumar Jain (for petitioner), Sri T.S. Mahantesh (Additional Government Advocate for respondents)
State of Karnataka, Deputy Commissioner, Mangalore, Tahsildar, Belthangady
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an endorsement rejecting the petitioner's application for permanent ownership of leased land.
Remedy Sought
Quashing of the endorsement dated 27.1.2018 issued by the 3rd respondent and direction to grant permanent ownership of the land.
Filing Reason
The petitioner's application for permanent ownership of land leased to his mother was rejected by the Tahsildar via endorsement dated 27.1.2018.
Previous Decisions
The Deputy Commissioner had passed an order on 9.3.1999 in proceedings No.LND (3) CR.226/1995-96 (Annexure-C) referring to an earlier order.
Issues
Whether the petitioner, as legal heir of the deceased lessee, is entitled to seek permanent ownership of the leased land under the South Canara District Lease of Lands for Cultivation Rules, 1957.
Submissions/Arguments
Petitioner argued that his mother had complied with all terms and conditions of the lease and was entitled to permanent ownership; after her death, he as sole survivor is entitled to pursue the claim.
Respondents opposed the petition, but the court found merit in the petitioner's case.
Ratio Decidendi
The legal heir of a deceased lessee is entitled to seek permanent ownership of leased land under the South Canara District Lease of Lands for Cultivation Rules, 1957, when the lessee had complied with all terms and conditions and had applied for permanent ownership before her death.
Judgment Excerpts
Petitioner herein is claiming permanent ownership to land bearing Sy.No.102/1, measuring to an extent of 6 acres 95 cents situated at Mudukodi village of Belthangady Taluk, Dakshina Kannada District.
The records would indicate that under South Canara District Lease of Lands for Cultivation Rules, 1957, the aforesaid land was leased in favour of the petitioner’s mother, Smt.Chandravathi.
Admittedly, the said lease was for a period of 30 years with certain terms and conditions attached to it, where an option is available to the lessee to seek permanent ownership to the leased land after the expiry of lease period provided.
Procedural History
The petitioner's mother was granted a lease of land in 1958 for 30 years. She applied for permanent ownership but died in 1993 before the application was decided. The petitioner, as her son, continued the application. The Deputy Commissioner passed an order on 9.3.1999. Subsequently, the Tahsildar rejected the petitioner's application via endorsement dated 27.1.2018. The petitioner then filed the present writ petition on an unspecified date, which was allowed on 22.2.2019.
Acts & Sections
- Constitution of India: Article 226
- South Canara District Lease of Lands for Cultivation Rules, 1957:
