IMPORTANT POINT
While granting land to adjacent/closely held land owner under Rule 4(2) of the Karnataka Land Grant Rules, the provisions of Rules 4 and 6 viz. percentage of reservation and order of priority would not be applicable.

JUDGMENT

Phukan, J.-Leave granted.

2. This appeal is directed against the judgment of the Division Bench of Karnataka High Court in the Writ Appeal. The Division Bench allowed the Writ Petition by setting aside the judgment of the learned Single Judge.

3. Briefly stated, the land in dispute was granted to the appellant by the revenue authority under sub-rule (2) of Rule 4 of the Karnataka Land Grant Rules, 1969 (for short the Rules ) framed under Section 197 of the Karnataka Land Revenue Act, 1964, for better cultivation of the land as the land of the appellant was adjacent to the disputed land. The grant was confirmed both by the Deputy Commissioner and the Appellate Tribunal. Being aggrieved, respondent filed the Writ Petition before the High Court which was dismissed by the learned Single Judge but allowed by the Division Bench. The Division Bench directed the Tehsildar to grant the disputed land after taking into consideration the priorities under Rule 5 read with Rule 6 of the Rules. The Division Bench also held that as the appellant was already having 4 acres of land he could not be said to be poor or a landless person.

4. To decide the dispute, it will be pertinent to extract relevant provisions of the Rules viz. clauses (8) and (15) of Rule 2, Rules 4, 5 and 6 of the Rules.

"2(8) "insufficient holder" means a person who is not sufficient holder."

"2(15) "Sufficient holder" means a person who owns not less than four hectares of garden or wet land possessing facilities for assured irrigation or 8 hectares of dry or rained wet land."

"4. Persons eligible for grant of land for agricultural purposes :-(1) Lands available for disposal may be granted for agricultural purposes under these rules to a person,-

(i) who has attained the age of eighteen; and

(ii) whose gross annual income does not exceed rupees eight thousand; and,

(iii) who is either a bona fide agriculturist cultivating the land personally or has bona fide intention to take up personal cultivation; and

(iv) who is not a sufficient holder:

Provided that in the case of ex-servicemen and soldiers, lands may be granted, if the gross income of the applicant exceed Rupees eight thousand but less than rupees twelve thousand.

Provided further that the extent of land granted to any person shall not together with the land already held by such person exceed the limits prescribed for a sufficient holder in Rule 2(15).

(2) Notwithstanding anything contained in sub-rule (1) by any person may be granted the land adjacent or close to the land already held by him on collection of market value as on the date of grant to be determined by the authority granting the land, if such land is, in the opinion of such authority required for better enjoyment or better cultivation of the land so held : (emphasis supplied)

Provided that no such grant shall be made of an extent exceeding in the case of wet or garden land half hectare and in the case of dry land one hectare and that the total extent of land held after such grant does not exceed the ceiling area according to the Karnataka Land Reforms Act, 1961."

"5. Reservations :-(1) The land available for disposal in any village shall be granted observing the reservation indicated below :-

(i) Ex-servicemen and Soldiers 10 per cent

(ii) Persons belonging to Scheduled Castes and Scheduled Tribes 50 per cent

(ii-a) Backward Tribes 5 per cent

(iii) Political sufferers 10 per cent

(iv) Others 25 per cent

(2) Where the extent reserved under (ii) and (iii) is in excess of the extent that can be granted to the person belonging to those categories, the excess land shall be with the approval of the Deputy Commissioner be disposed of among persons in category (iv).

(3) Notwithstanding anything in sub-rule (1), where the land available