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1989 Supreme(Kar) 227

Karnataka High Court
H.A.Jayaram - Appellant
Versus
State of Karnataka - Respondent
Decided On : 07-13-89
W.P. : 17544 of 1985

Advocates:
K.K.VASANT, T.N.MANJULA DEVI

Efficient implementation of legislative mandates, especially in the context of affirmative action for the weaker sections of society, is crucial for achieving the intended social and economic objectives.

Headnote:

LANDS - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 5

Fact of the Case:

The petitioner challenged the resumption of lands purchased by him from the original grantees and restoration to them under Section 5 of the Act. The lands were converted into coffee plantations by the petitioner.

Finding of the Court:

The Court found that the lands fell within the definition of 'granted land' and there was a violation of the restriction imposed on alienation. The Court criticized the negligence of the public officials in administering the Act and emphasized the need for efficient implementation of legislative mandates.

Issues: The main issue was whether there was a violation of the restriction on alienation of the granted lands.

Ratio Decidendi: The Court held that the lands fell within the definition of 'granted land' and the petitioner's conversion of the lands into coffee plantations did not exempt him from the restriction on alienation. The Court also emphasized the importance of efficient implementation of legislative mandates in the context of affirmative action for the weaker sections of society.

Final Decision: The impugned orders of the Assistant Commissioner and the Deputy Commissioner were upheld, and the petitioner's writ petitions were dismissed.

BALAKRISHNA, J.

( 1 ) IN these writ petitions, the petitioner who is common to all the writ petitions, has challenged the impugned orders of the Deputy Commissioner, Chickmagalur district, Chickmagalur, and the Assistant commissioner, Chickmagalur Sub-Division, Chickmagalur, passed under Annex- ures -G' 'h' and 'j' and Annexures 'd', 'e' and 'f' respectively.

( 2 ) THE petitioner is adversely affected by resumption of lands which were purchased by him from the original grantees and restoration to them on the ground that the sale transaction had taken place before the expiry of the period restricting alienation. The action taken by respondent-3 and approved by respondent-2 in appeals is under Section 5 of the Karnataka Scheduled Castes and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short the Act' ).

( 3 ) BRIEFLY set out the facts of the cases are as follows : the petitioner purchased 2 acres of land situated in Sy. No. 29 of Kammara gudu village, Gonibeed Hobli, Mudigere taluk, under three different registered sale deeds dated 12-7-1971 for valuable consideration from each of respondents-4 to 6 who are the original grantees. The assistant Commissioner issued notice to the petitioner under the provisions of section 5 of the Act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting the petitioner. Thereafter, the petitioner preferred appeals before the Deputy Commissioner who is the appellate authority against the orders of the Assistant Commissioner. But the appellate authority confirmed the impugned orders of the Assistant Commissioner and, as a result, the petitioner has approached this Court through these writ petitions.

( 4 ) ARISING out of the facts of the case, the point for consideration is whether the lands in question fall within the definition of 'granted land' as defined under Section 3 (1) (b) of the Act and, if so, whether there is a violation of the restriction imposed on alienation of the said lands.

( 5 ) SRI K. K. Vasantha, the learned counsel appearing for the petitioner, forcefully contended that the saguvali chits issued earlier to the grantees are different from the saguvali chits subsequently issued to them on which reliance is placed by both the Assistant Commissioner and the Deputy Commissioner for the reason that the earlier grants were cancelled and in their place fresh grants were made. According to the learned Counsel, the reasons for cancellation of the earlier grants have not been disclosed and they are not forthcoming from the material on record. It was contended that the impugned orders of both the assistant Commissioner and the Deputy Commissioner are silent on this question and the petitioner has a right to know the reasons for the cancellation and it is only after ascertaining the reasons that the petitioner would be in a position to question the validity of the cancellation or to submit that what is relevant is the prior grants and not the subsequent ones. It was pointed out that the earlier grants were made on 22-11- 1956 whereas the subsequent grants in respect of the same lands to the same grantees was made during the year 1958- 59.

( 6 ) THE learned Counsel with justifiable fervour submitted that the lands which were granted to the vendors of the petitioner by the Government which ordinarily would have been brought into cultivation for raising the crops capable of growth on a dry land have been converted by the purchaser (Petitioner) into coffee plantations after a great deal of efforts, investment and labour. In each of the cases, it is contended that there are thriving coffee plantations and the value of the lands is estimated to be in the order of rs. 40,000/- to Rs. 50,000/- per acre. It was also submitted that the original grantees would not have converted the granted lands into coffee plantations since, in the ordinary course, they had neither the means nor ability to do s





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