Manchegowda vs State of Karnataka - 1984 Supreme(SC) 116

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1984 Supreme(SC) 116

SUPREME COURT OF INDIA
P.N. BHAGWATI; AMARENDRA NATH SEN AND RANGANATH MISRA, JJ.
Sri Manchegowda etc., Appellants
Versus
State of Karnataka and others, Respondents.
Civil Appeal Nos. 3116, 2608 2985-2988 and 3353-77 etc., of 1983 with 3123-59, 3272-76 and 3278-92 etc. of 1983 with Appeals arising out of SLP. Nos. 1723-24, 3424 and 3575-77 etc. of 1983 and appeals arising out of SLP Nos. 9355, 9628, 9632 and 3198-99 etc. of 1983 with Appeals arising out of SLP. Nos. 4603-09 and 12825 etc. of 1983 and C. M. P. Nos. 26552 and 26553 of 1983, D/- 17-4-1984.

Headnote:
Constitution of India,1950 - Article, 19(l)(f) , 31(l) , 31(2) ,132 and 133 - Limitation Act -Section 5 - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 3 (b), 4 and 5 - Purchasers of lands - Members of Scheduled Castes and Scheduled Tribes - Certificate granted - Challenged - Petitioners are purchasers of lands which had been originally granted by State to persons belonging to Scheduled Castes or Scheduled Tribes Such lands had been originally granted to persons belonging to Scheduled Castes and Scheduled Tribes under provisions of Law or on basis of rules or regulations governing such grant - After passing of Act in question notices have been issued by appropriate authority to transferees of such lands to show cause as to why lands transferred to them should not be resumed for being restored to original grantees or their legal heirs or for distribution otherwise to members of Scheduled Castes and Scheduled Tribes in accordance with provisions of Statute, as transfers in their favour are in view of provisions of Act now null and void – Held, commencement of Act title of such transferees had ceased to be voidable by reason of acquisition of prescriptive rights on account of long and continued user for requisite period, title of such transferees could not be rendered void by virtue of provisions of Act without violating constitutional guarantee – Court must, therefore, read down provisions of Act by holding that Act will apply to transfers of granted lands made in breach of condition imposing prohibition on transfer of granted lands only in those cases where title acquired by transferee was still voidable at date of commencement of Act and had not lost its defeasible character at date when Act came into force - Deputy Commissioner to whom appeal will be presented will no doubt take this fact into consideration in deciding question of limitation in regard to any appeal which may be filed against an order of Assistant Commissioner; if any appeal is preferred within a period of three months from date amended provision conferring right of appeal came into force, Deputy Commissioner taking into consideration fact that a period of three months has been prescribed for preferring an appeal from date of order of Assistant Commissioner may have no difficulty in entertaining appeal by condoning delay - Appeals and petitions dismissed.

JUDGMENT

AMARENDRA NATH SEN, J.:—The question for consideration in Civil Appeal No. 3116 of 1983 by certificate granted by the High Court is, whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the Act for the sake of brevity) is constitutionally valid or not.

2. The writ petition out of which this appeal arises was filed in the High Court along with a number of other writ petitions filed by various other parties challenging the validity of the Act. The High Court for reasons recorded in the judgment upheld the validity of the Act and dismissed this writ petition and also the other writ petitions. The High Court granted certificate under Arts. 132 and 133 of the Constitution and this appeal has been filed with the certificate granted by the High Court. As the identical question is involved in all these appeals and special leave petitions, this judgment will also dispose of all the appeals and special leave petitions.

3. Inasmuch as the vires of the Act has been challenged essentially on legal grounds, it does not become necessary for us to set out the facts at any great length. The broad facts common to all the writ petitions which were filed in the High Court may, however, be briefly noted. The petitioners are purchasers of lands which had been originally granted by the State to persons belonging to Scheduled Castes or Scheduled Tribes Such lands had been originally granted to persons belonging to Scheduled Castes and Scheduled Tribes under the provisions of Law or on the basis of rules or regulations governing such grant. After the passing of the Act in question notices have been issued by the appropriate authority to the transferees of such lands to show cause as to why the lands transferred to them should not be resumed for being restored to the original grantees or their legal heirs or for distribution otherwise to the members of Scheduled Castes and Scheduled Tribes in accordance with the provisions of the Statute, as the transfers in their favour are in view of the provisions of the Act now null and void.

4. Before we proceed to deal with the various contentions raised on behalf of the appellant, and the other petitioners in the other writ petitions, it would be appropriate to set out the relevant provisions of the Act.

5. Granted land is defined in S. 3 (b) of the Act to mean "any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceiling or abolition of Inams, other than that relating to hereditary offices or rights and the word granted shall be construed accordingly"

6. Sections 4 and 5 of the Act read As follows :

"S. 4. Prohibition of transfer of granted lands.- (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer.

(2) No person shall after the commencement of this Act, transfer or acquire by transfer, any granted land without the previous permission of the Government.

(3) The provisions of sub-secs. (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or any award or order of any other authority.

S. 5. Resumption or restitution of granted land. - (1) Where, on application by any interested person or on information given in writing by any person or suo motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the transfer of any granted land is null and void under sub-section (1) of Section 4, he may.

Click Here to Read the rest of this document

1984 Supreme(SC) 116

Cases Referred (1)