Case Note & Summary
The petitioner, Sri Charles Gregory Rego, was the original owner of land bearing Sy.No.24/7A measuring 1 acre 94 cents situated at Kankanady village, Mangaluru Taluk. Out of this, 25 cents of land was in possession of one Victor Coelho as a tenant. The Land Tribunal, Mangalore, by order dated 5.10.2012 in proceedings No.LRT.256/1979-80, granted occupancy rights in respect of the said 25 cents in favour of the tenant Victor Coelho. The petitioner challenged this order before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. The petitioner contended that the land in question belonged to Fr. Muller's Charitable Institutions, which is a religious and charitable institution, and therefore the land was exempt from the provisions of the Karnataka Land Reforms Act, 1961 under Section 63 thereof. The Land Tribunal had failed to consider this exemption and had passed the order granting occupancy rights without jurisdiction. The respondents, including the legal representative of the deceased tenant, argued that the order was valid. The High Court examined the provisions of Section 63 of the Karnataka Land Reforms Act, 1961, which exempts lands held by religious or charitable institutions from the operation of the Act. The court noted that the land in question was admittedly owned by Fr. Muller's Charitable Institutions, a religious and charitable institution, and therefore the Land Tribunal had no jurisdiction to entertain the application for grant of occupancy rights. The court held that the order of the Land Tribunal was perverse and without jurisdiction, and accordingly quashed the same. The writ petition was allowed, and the impugned order was set aside.
Headnote
A) Karnataka Land Reforms Act, 1961 - Section 63 - Exemption - Religious and Charitable Institutions - Land belonging to religious or charitable institutions is exempt from the provisions of the Act - The Land Tribunal cannot grant occupancy rights in respect of such land - The order of the Land Tribunal granting occupancy rights in favour of the tenant is without jurisdiction and liable to be set aside (Paras 3-5). B) Karnataka Land Reforms Act, 1961 - Sections 44, 48A - Occupancy Rights - Land Tribunal - Jurisdiction - The Land Tribunal has no jurisdiction to entertain an application for grant of occupancy rights in respect of land which is exempt under Section 63 of the Act - The order passed by the Land Tribunal granting occupancy rights is a nullity (Paras 3-5). C) Constitution of India - Articles 226 and 227 - Writ Jurisdiction - High Court can interfere with an order of the Land Tribunal which is perverse and without jurisdiction - The impugned order dated 5.10.2012 passed by the Land Tribunal, Mangalore, in proceedings No.LRT.256/1979-80 is quashed (Paras 5-6).
Issue of Consideration
Whether the Land Tribunal could grant occupancy rights in favour of the tenant in respect of land belonging to a religious and charitable institution which is exempted from the provisions of the Karnataka Land Reforms Act, 1961 under Section 63 thereof?
Final Decision
The writ petition is allowed. The impugned order dated 5.10.2012 passed by the Land Tribunal, Mangalore, in proceedings No.LRT.256/1979-80 is quashed.
Law Points
- Land Tribunal cannot grant occupancy rights in respect of land held by religious or charitable institutions exempted under Section 63 of the Karnataka Land Reforms Act
- 1961
- Land Tribunal's order without considering exemption is perverse and liable to be set aside
- Writ petition under Articles 226 and 227 of Constitution of India maintainable against orders of Land Tribunal
