Case Note & Summary
The petitioner, Sri K.A. Haridas, purchased 2.00 acres of land in Sy.No.5 of Obalapura Village, Kasaba Hobli, Malur Taluk, Kolar District, from the sons of the original grantee by a registered sale deed dated 14.8.2002. Respondent No.3, one of the sons of the grantee, moved the Assistant Commissioner seeking resumption and restoration of the land under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (the Act), contending that the sale was hit by Section 4(2) of the Act and was void. The Assistant Commissioner passed an order dated 16.11.2011 directing resumption of the land to the Government and restoration to the grantees/legal heirs, holding that the sale was effected after the Act came into force and was contrary to Section 4(2). On appeal, the Deputy Commissioner confirmed the order. The petitioner challenged both orders by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court dismissed the writ petition, holding that the transfer was clearly prohibited under Section 4(2) of the Act, as the land was granted to a person belonging to a Scheduled Caste or Scheduled Tribe and the sale took place after the Act came into force. The court found no merit in the petition and upheld the orders of the authorities.
Headnote
A) Land Law - Prohibition of Transfer of Granted Land - Section 4(2) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - The petitioner purchased land from the sons of the original grantee after the Act came into force. The Assistant Commissioner and Deputy Commissioner held the sale void and ordered resumption and restoration. The High Court upheld the orders, holding that the transfer was prohibited under Section 4(2) and the petitioner acquired no title. (Paras 1-3)
Issue of Consideration
Whether the sale of land by the sons of the original grantee after the Karnataka SC/ST (PTCL) Act, 1978 came into force is void under Section 4(2) of the Act.
Final Decision
Writ petition dismissed. The orders of the Assistant Commissioner dated 16.11.2011 and Deputy Commissioner dated 21.05.2014 are upheld.
Law Points
- Section 4(2) of Karnataka SC/ST (PTCL) Act
- 1978 prohibits transfer of granted land
- any transfer after Act came into force is void
- legal heirs of grantee cannot transfer land
- resumption and restoration to original grantee or legal heirs is valid.
Case Details
2014 LawText (KAR) (09) 1
Writ Petition No.39827 of 2014 (SCST)
Sri Sanjay Gowda. N.S. for petitioner; Sri D. Ashwathappa, AGA for respondents 1 and 2
The Deputy Commissioner, Kolar District; The Assistant Commissioner, Kolar Sub Division; Sri Chowdappa
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging orders of Assistant Commissioner and Deputy Commissioner directing resumption and restoration of land under the Karnataka SC/ST (PTCL) Act, 1978.
Remedy Sought
Petitioner sought quashing of the order dated 21.05.2014 passed by the Deputy Commissioner and the order dated 16.11.2011 passed by the Assistant Commissioner.
Filing Reason
Petitioner purchased land from sons of original grantee; respondent No.3 (son of grantee) sought resumption; authorities held sale void under Section 4(2) of the Act.
Previous Decisions
Assistant Commissioner passed order dated 16.11.2011 directing resumption and restoration; Deputy Commissioner confirmed the same by order dated 21.05.2014.
Issues
Whether the sale of land by the sons of the original grantee after the Act came into force is void under Section 4(2) of the Karnataka SC/ST (PTCL) Act, 1978.
Submissions/Arguments
Petitioner's counsel argued that the sale was valid and the orders were erroneous.
Respondents supported the orders as being in accordance with the Act.
Ratio Decidendi
Section 4(2) of the Karnataka SC/ST (PTCL) Act, 1978 prohibits transfer of granted land; any transfer after the Act came into force is void ab initio. The petitioner acquired no title as the sale was contrary to the Act.
Judgment Excerpts
Challenge in this writ petition is to the order passed by Deputy Commissioner, Kolar, dismissing the appeal filed by petitioner and confirming the order passed by Assistant Commissioner, Kolar Sub-Division, Kolar directing resumption and restoration of the land in question under the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Land), 1978.
Petitioner has purchased 2.00 acres of land, comprised in Sy.No.5 of Obalapura Village, Kasaba Hobli, Malur Taluk from the sons of original grantee by way of a registered sale deed dated 14.8.2002.
The Assistant Commissioner, passed an order dated 16.11.2011 directing resumption of the land to the Government and restoration of the same to the grantees/his legal heirs holding that sale had been effected after the Act came into force and was contrary to Section 4(2) of the Act.
Procedural History
Respondent No.3 moved Assistant Commissioner seeking resumption and restoration. Assistant Commissioner passed order on 16.11.2011 directing resumption and restoration. Petitioner appealed to Deputy Commissioner, who confirmed the order on 21.05.2014. Petitioner then filed writ petition in High Court.
Acts & Sections
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978: Section 4(2)
