Case Note & Summary
The appellant and the sixth respondent, claiming to be legal representatives of the original grantee Thimmappa @ Thimmaiah, filed proceedings under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) for restoration of land measuring 4 acres 9 guntas in Hosahalli village. The land was granted to Thimmappa on 24 September 1941 with a condition that he shall not alienate the land forever. Despite this condition, the grantee sold the land in 1966 and 1972, and subsequently it was sold to the third to fifth respondents in 2005. The appellant and sixth respondent filed an application in 2007 before the Assistant Commissioner seeking restoration. The Assistant Commissioner allowed the application, but the District Commissioner set aside that order. The appellant then filed a writ petition before the High Court, which was dismissed by the learned Single Judge on 14 August 2019. The present appeal challenges that dismissal. The Division Bench considered whether the PTCL Act applies to grants made before its commencement (1978) and whether the condition prohibiting alienation forever is valid. The court held that the Act applies to such grants and the condition is valid. The court also held that the alienations made in 1966 and 1972 are void and the land is liable to be restored. The court set aside the impugned order of the learned Single Judge and allowed the writ petition, directing the Assistant Commissioner to restore the land to the appellant and the sixth respondent.
Headnote
A) Scheduled Castes and Scheduled Tribes - Land Restoration - Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Applicability to Pre-Act Grants - The Act applies to grants made before its commencement if the grant contained a condition prohibiting alienation forever. The court held that the condition 'shall not alienate the land forever' is a valid condition and the Act applies to such grants. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes - Void Alienation - Restoration - Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Alienations made in 1966 and 1972 in violation of the condition prohibiting alienation forever are void. The court held that the subsequent purchasers do not acquire any title, and the land is liable to be restored to the legal representatives of the original grantee. (Paras 2-10) C) Scheduled Castes and Scheduled Tribes - Limitation - Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - No limitation period for seeking restoration under the Act. The court held that the Act does not prescribe any limitation for filing an application for restoration, and the delay in filing the application in 2007 does not bar the claim. (Paras 3-10)
Issue of Consideration
Whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 applies to a grant made in 1941 with a condition prohibiting alienation forever, and whether the subsequent alienations are void and liable to be restored.
Final Decision
The appeal is allowed. The impugned judgment and order dated 14.08.2019 passed by the learned Single Judge in W.P.No.31117/2019 is set aside. The writ petition is allowed. The Assistant Commissioner is directed to restore the schedule property to the appellant and the sixth respondent in accordance with law.
Law Points
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act
- 1978
- Sections 4 and 5
- applicability to pre-Act grants
- condition prohibiting alienation forever
- void alienation
- restoration of land
