Case Note & Summary
The petitioners, legal representatives of the original purchaser Doddegowda, challenged the order dated 28.07.2014 passed by the Deputy Commissioner, Shimoga, dismissing their appeal under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (the Act). The Deputy Commissioner had confirmed the order dated 10.06.2011 of the Assistant Commissioner directing resumption and restoration of land in favour of the grantee. The land in question, Sy.No.39/20 measuring 2 acres in Balemaranahalli Village, was originally granted on a temporary lease for five years on 08.08.1959 to Thimmabhovi, husband of the 3rd respondent. After the lease expired, a permanent grant certificate was issued on 21.12.1963. Thimmabhovi sold the land to Thippaiah on 16.01.1964, who in turn sold it to Doddegowda on 05.05.1966. Proceedings were initiated by the Assistant Commissioner under Section 4(1) of the Act based on a report from the Tahsildar. The Assistant Commissioner ordered resumption, which was upheld by the Deputy Commissioner on appeal. The High Court examined the applicability of the Act. It noted that the Act came into force on 01.01.1979. The permanent grant certificate was issued in 1963, well before the Act. The court held that the Act does not apply to lands granted prior to its commencement. The temporary lease in 1959 was not a 'grant' under the Act; the permanent grant in 1963 was the relevant grant. Since the grant was prior to the Act, the subsequent transfers were not prohibited. The court quashed the impugned orders and allowed the writ petition.
Headnote
A) Land Law - SC/ST Protection - Applicability of Act - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, Sections 4, 5-A - The Act prohibits transfer of lands granted to SC/ST persons after its commencement. The court held that where a permanent grant certificate was issued in 1963, before the Act came into force, the land is not subject to the provisions of the Act. The subsequent sale in 1964 and 1966 cannot be challenged under the Act. The orders of the Assistant Commissioner and Deputy Commissioner directing resumption were quashed. (Paras 1-4)
Issue of Consideration
Whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 applies to a land that was originally granted on a temporary lease in 1959 and later made permanent by a grant certificate issued in 1963, prior to the commencement of the Act.
Final Decision
The High Court allowed the writ petition, quashed the order dated 28.07.2014 passed by the Deputy Commissioner and the order dated 10.06.2011 passed by the Assistant Commissioner. The court held that the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 does not apply to the land in question as the permanent grant was made prior to the Act's commencement.
Law Points
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act
- 1978
- Section 4
- Section 5-A
- permanent grant
- temporary lease
- resumption
- restoration
- applicability of Act to pre-Act grants
Case Details
2014 LawText (KAR) (09) 3
W.P.No.39015/2014 (SC/ST)
Sri S.V.Prakash for petitioners; Sri D.Aswathappa, AGA for respondents 1,2; Sri P.N.Harish for caveator/respondent 3
Doddegowda (since deceased by L.Rs.) represented by Smt.Gangamma, Varadaraj, Gopala Krishna, Somashekar, Smt.Lakkamma
The Deputy Commissioner, Shimoga; The Assistant Commissioner, Shimoga Sub-Division; Smt.Giddamma
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging orders of the Deputy Commissioner and Assistant Commissioner under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 directing resumption and restoration of land.
Remedy Sought
Petitioners sought quashing of the order dated 28.07.2014 passed by the Deputy Commissioner (respondent No.1) in case No.SC/ST 4/2011-12 and the order dated 10.06.2011 passed by the Assistant Commissioner.
Filing Reason
The petitioners challenged the orders directing resumption and restoration of land in favour of the grantee, arguing that the Act did not apply to the land as the permanent grant was made prior to the commencement of the Act.
Previous Decisions
The Assistant Commissioner passed an order on 10.06.2011 directing resumption and restoration of land. The Deputy Commissioner dismissed the appeal under Section 5-A of the Act on 28.07.2014, confirming the Assistant Commissioner's order.
Issues
Whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 applies to a land that was granted on a permanent basis in 1963, prior to the Act's commencement.
Whether the temporary lease granted in 1959 and the subsequent permanent grant certificate in 1963 constitute a 'grant' under the Act.
Submissions/Arguments
Petitioners argued that the permanent grant certificate was issued in 1963, before the Act came into force, and therefore the Act does not apply to the land. The subsequent transfers in 1964 and 1966 were valid.
Respondents argued that the land was originally granted to a SC/ST person and the transfers were in violation of the Act, warranting resumption.
Ratio Decidendi
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 applies only to grants made after its commencement. A permanent grant certificate issued in 1963, prior to the Act, is not subject to the Act's provisions. Therefore, subsequent transfers of such land are not prohibited under the Act.
Judgment Excerpts
Petitioners are calling in question the order dated 28.07.2014 passed by the Deputy Commissioner – respondent No.1 herein dismissing the appeal filed under Section 5-A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the Act’) thereby confirming the order dated 10.06.2011 passed by the Assistant Commissioner, Shimoga Sub-Division, Shimoga, directing resumption and restoration of land in favour of the grantee.
Lease in respect of land bearing Sy.No.39/20 measuring 2 acres situated at Balemaranahalli Village, Bhadravathi Taluk, Shimoga District was granted in favour of the husband of the 3rd respondent by name Thimmabhovi temporarily for a period of five years on 08.08.1959 by the revenue authorities. After expiry of said five years, the lease came to be confirmed on 21.12.1963 by issuing a permanent Grant Certificate.
Procedural History
The Assistant Commissioner initiated proceedings under Section 4(1) of the Act based on a report from the Tahsildar and passed an order on 10.06.2011 directing resumption and restoration of land. The petitioners appealed under Section 5-A of the Act to the Deputy Commissioner, who dismissed the appeal on 28.07.2014. The petitioners then filed the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978: Section 4, Section 5-A
- Constitution of India: Articles 226, 227
