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2006 Supreme(Kar) 560
2007(4) Kar. L.J. 633
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
RAM MOHAN REDDY, J.
Smt. MOTAMMA - Appellant
Versus
LAND TRIBUNAL, DEVANAHALLI AND OTHERS - Respondents
Writ Petition No. 9316 of 2006
Decided on : 19th July, 2006
Sri Amaresh A. Angadi, Advocate for Petitioner;
Sri M. Keshava Reddy, Additional Government Advocate for Respondents-1 and 2.
Headnote:Constitution of India -Locus standi -Articles 226 and 227 -Locus standi -Sale transaction -Petitioner claiming right under - Transaction entered into in contravention of statutory provisions - Held, petitioner has no locus standi to question an order adverse to him. [Ram Mohan Reddy, J]:
Karnataka Land Reforms Act, 1961 - Section 48-A - Persons interested or Persons entitled to notice - Who are. [Ram Mohan Reddy, J]: A plain reading of the aforesaid provision makes it clear that in a proceeding commenced by the Land Tribunal, over an application in Form No.7, under Section 48(A)(I) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.
Karnataka Land Reforms Act, 1961 -Assistant Commissioner -Section 83 -Assistant Commissioner - Duty of. [Ram Mohan Reddy, J]: Section 83 of the Act postulates an inquiry by the Assistant Commissioner into the illegal transaction and on a declaration of contravention of any of the provisions of the Act, the transaction is deemed to be null and void, resulting in a penalty of forfeiture and vesting of the land, in the State Government. The procedure for holding of the inquiry under Section 83 is as contemplated by Rule 37 of the Rules.
Karnataka Land Reforms Act, 1961 -Contravention of provisions of Act and Rules -Section 82 -Contravention of provisions of Act and Rules - Duty of revenue officers. [Ram Mohan Reddy, J]: Section 82 of the Act provides for reporting by the Village Officer and every officer of the Revenue, Registration and Land Records Departments to the Prescribed Authority, the Assistant Commissioner as set out in rule 36 of the Rules, over the transaction in contravention of any provision of the Act, which comes to their notice.
Karnataka Land Reforms Act, 1961 -Persons interested or persons entitled to notice -Section 48-A -Persons interested or Persons entitled to notice - Who are. [Ram Mohan Reddy, J]: A plain reading of the aforesaid provision makes it clear that in a proceeding commenced by the Land Tribunal, over an application in Form No.7, under Section 48(A)(I) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.
Karnataka Land Reforms Act, 1961 -Registration of occupancy -Section 21-C -Registration of occupancy -Effect. [Ram Mohan Reddy, J]: The Certificate in Form No. 10, registering the occupancy rights over the lands as directed by the Land Tribunal in its final order under Section 48A, is conclusive evidence of registration and the Sub-Registrar is bound to register the same under sub-section (2) of Section 55. Thus a person on whom occupancy rights are conferred gets an interest in the land.
Karnataka Land Reforms Act, 1961 -Persons interested or persons entitled to notice -Section 48-A -Persons interested or Persons entitled to notice - Who are. [Ram Mohan Reddy, J]: A plain reading of the aforesaid provision makes it clear that in a proceeding commenced by the Land Tribunal, over an application in Form No.7, under Section 48(A)(I) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.
Karnataka Land Reforms Act, 1961 -Registration of occupancy -Section 21-C -Registration of occupancy -Effect. [Ram Mohan Reddy, J]: The Certificate in Form No. 10, registering the occupancy rights over the lands as directed by the Land Tribunal in its final order under Section 48A, is conclusive evidence of registration and the Sub-Registrar is bound to register the same under sub-section (2) of Section 55. Thus a person on whom occupancy rights are conferred gets an interest in the land.
Karnataka Land Reforms Act, 1961 -Sections 60 & 61 -Failure to cultivate land after conferment of occupancy rights -Failure to cultivate land after conferment of occupancy rights - Effect. [Ram Mohan Reddy, J]: The failure to cultivate personally is visited with eviction as provided for in Section 60, while transfer of the said land within the period specified results in the transfer being rendered invalid and vesting of the land in the State under Section 61 of the Act.
Karnataka Land Reforms Rules, 1974 -Assistant Commissioner -Rule 37 -Assistant Commissioner -Duty of . See, Section 83.
.Karnataka Land Reforms Rules, 1974 -Contravention of provisions of Act and Rules -Rule 36 -Contravention of provisions of Act and Rules - Duty of revenue officers. See, Section 82.
Karnataka Land Revenue Act, 1964 -Effect of entries in revenue records -Section 127 -Effect of entries in revenue records -Not conclusive proof of valid tenancy for the purpose of Karnataka Land Reforms Act.
Constitution of India -Locus standi -Articles 226 and 227 -Locus standi -Sale transaction -Petitioner claiming right under - Transaction entered into in contravention of statutory provisions - Held, petitioner has no locus standi to question an order adverse to him.
Jurisdiction of Suspicion - Illegal detention - Habeas Corpus - Pendency of - Release of detenues - Still, court can consider legality of detention.
The writ petition is directed against the order dated 3-8-2002, Annexure-S of the Land Tribunal, Devanahalli, rejecting the 3rd respondent's application in Form 7.
2. The petition averments disclose that by order dated 16-7-1981 in Case No. LRF 16/74-75, the Land Tribunal, Devanahalli, conferred occupancy rights over land measuring 2 acres 8 guntas in Sy. No. 13 of Lingadheeragollahalli Village, Kundana Hobli, Devanahalli Taluk, in favour of the 3rd respondent, pursuant to which, the petitioner claims to have purchased the said land from the 3rd respondent under a deed of sale dated 23-1-1988, Annexure-A, registered as Document No. 1191/87-88, in Book 1, Volume 1348, pages 196 to 199, in the office of the Sub-Registrar, Devanahalli, on 11-2-1988. It is further stated that on 9-7-1992 the Revenue Officials having drawn a mahazar, recording the factum of cultivation of land by the petitioner, the Tahsildar, by order dated 9-10-1997, directed the substitution of the name of the petitioner in the revenue records. It appears the 4th respondent, the brother of the 3rd respondent filed W.P. No. 8439 of 1997 calling in question the order dated 16-7-1981 of the Land Tribunal, granting occupancy rights in favour of the 3rd respondent, which was quashed by order dated 27-11-1997 and the proceeding remitted for consideration afresh. It is the allegation of the petitioner that the 3rd respondent withdrew his application in Form 7 in collusion with the 4th respondent resulting in the order dated 3-8-2002 rejecting the application in Form 7. Hence this writ petition.
3, Sri Amaresh A. Angadi, learned Counsel for the petitioner contends that the petitioner is an interested person entitled in law to question the order of the Land Tribunal rejecting the application in Form 7 filed by the 3rd respondent and hence has the locus standi to maintain this petition. Elaborating on the said contention, learned Counsel drew my attention to sub-section (2) of Section 48-A of the Karnataka Land Reforms Act, 1961 (for short, 'Act') to contend that although the petitioner purchased the land on 23-1-1988, he has an interest in the land on account of being in possession.
4. Having regard to the contentions advanced by the petitioner it is necessary to examine the relevant provisions of the Act and the Karnataka Land Reforms Rules, 1974 (for short, Rules). Chapter III of the Act relates to conferment of ownership on tenants. Section 44 of the Act deals with vesting of lands in the State Government. It provides that all lands held by or in the possession of tenants immediately prior to the date of commencement of the Amendment Act (with effect from 1-3-1974) other than lands held by them under leases permitted under Section 5 of the Act shall with effect on and from the said date stand transferred to and vested in the State Government. The conditions under which tenants could be registered as occupants of the lands vested in the State Government are dealt with in Section 45 of the Act. Section 48-A provides for making of application to the Tribunal by a person entitled to be registered as an occupant under Section 45 and an enquiry on such application. Section 48-A(2) of the Act runs thus:
"(2) On receipt of the application, the Tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon the landlord and all other persons having an interest in the land to appear before it on the date specified in the notice. The Tribunal shall also issue individual notices to the persons mentioned in the application and also to such others as may appear to it to be interested in the land".
A plain reading of the aforesaid provision makes it clear that in a proceeding commenced by the Land Tribunal, over an application in Form 7, under Section 48-A(1) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.
