Case Note & Summary
The petitioner, Sri R. Suresh Mohan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the Deputy Commissioner, Chamarajanagar District, in P.T.C.L No.6/2011-12. The impugned order cancelled a grant of land made in 1967 in favour of one Molle Chickkaiah (since deceased, represented by respondent nos.4(a) to 4(e)). The land was alienated in the same year 1967 to the petitioner's late mother. The petitioner's mother purchased the land from the legal heirs of the original grantee. The Deputy Commissioner initiated proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) in 2011, nearly 44 years after the grant and alienation. The petitioner contended that he was not issued any notice before the impugned order was passed, and that the proceedings were barred by limitation. The respondents, including the State and the legal representatives of the original grantee, were served but remained unrepresented except for the State. The High Court held that the Deputy Commissioner's order was passed in gross violation of principles of natural justice as the petitioner was not given an opportunity of being heard. Additionally, the proceedings under Section 5 of the PTCL Act were initiated after an inordinate delay of over 40 years, which was not justified. The court quashed the impugned order and allowed the writ petition.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Cancellation of Grant - The Deputy Commissioner cancelled a grant made in 1967 without issuing notice to the petitioner, who had purchased the land from the original grantee's legal heirs. Held that the order was passed in violation of principles of natural justice as the petitioner was not given an opportunity of being heard (Paras 3-4). B) Land Law - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 5 - Limitation - The proceedings under Section 5 were initiated in 2011 for a grant made in 1967 and alienated in the same year. Held that the proceedings were barred by limitation as they were initiated after an inordinate delay of over 40 years (Para 4).
Issue of Consideration
Whether the Deputy Commissioner could cancel a grant made in 1967 and alienated in the same year, without issuing notice to the petitioner who was the subsequent purchaser, and whether such proceedings were barred by limitation.
Final Decision
The writ petition is allowed. The impugned order dated 09.10.2017 passed by the Deputy Commissioner, Chamarajanagar District, in P.T.C.L No.6/2011-12 is quashed.
Law Points
- Natural justice
- Right to be heard
- Limitation for cancellation of grant
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act
- 1978
- Section 5 of PTCL Act
- Rule 4 of PTCL Rules
