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2021 Supreme(Kar) 546
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.V. Nagarathna, Hanchate Sanjeev Kumar, JJ.
Mangalagowramma - Appellants
Vs.
State of Karnataka and Ors. - Respondent
Writ Appeal No. 3176/2018 (SC/ST)
Decided On : 01-06-2021
For the Appellant :Kempanna. Advocate
For the Respondents:Vani H., AGA and N.K. Ramesh, Advocates
Headnote:
PTCL Act – Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 – Section 2(b) –Karnataka Land Grant Rules, 1960 – Rule 43(J) – Relief of declaration – Writ petition was filed in respect of land bearing said land was granted to at an upset price by an order of Assistant Commissioner Sub-Division vide – According to appellant, said land was granted under 'Grow More Food' Scheme – Held, Court with regard to grant of land under 'Grow More Food' Scheme does not fall within nomenclature of 'granted land' under provisions of PTCL Act, as said grant is made to persons who are already cultivating land and at an upset price under Rule 43(J) of Rules and therefore, conditions that would be usually mentioned under Rule 43(G) would not be applicable to said land – There is also no categorical finding in respect of the fourth respondent by Assistant Commissioner, Deputy Commissioner or the learned Single Judge – Therefore, a vague and general direction, that restoration of land to the legal heirs of the original grantee, must be made without identifying legal heirs, is not in accordance with law and nor a direction which is in favour of fourth respondent which has not been assailed by him before this Court – Appeal is allowed.
JUDGMENT :
B.V. Nagarathna, J.
1. The legality and correctness of the order dated 30/08/2018, passed by the learned Single Judge in W.P. No. 34468/2017 (SC/ST) is called in question in this intra-court appeal. By the said order, the writ petition filed by the appellant herein was dismissed.
2. The writ petition was filed in respect of land bearing Sy. No. 197 of Abbenahalli Village, Kasaba Hobli, Malur Taluk, ad measuring 2.00 acres. The said land was granted to Sri. Akkannappa at an upset price by an order of the Assistant Commissioner of Kolar Sub-Division dated 23.11.1961 vide challan No. 115 dated 27.06.1963. According to the appellant, the said land was granted under the 'Grow More Food' Scheme. The Saguvali Chit in respect of the said land was issued on 15.07.1963. According to the appellant, name of Shri Akkannappa-the grantee was entered in the Revenue Records with a Mutation No. MR 16/1984-85. Copy of the extract of the Land Grant Register maintained by the Tahsildar is produced at Annexure-A to the writ petition, copy of the Saguvali Chit at Annexure-B, the Mutation Extract is produced as Annexure-C and the copy of the RTC is produced as Annexure-D to the writ petition.
3. According to the appellant, Sri. Akkannappa was suffering from ailments owing to his old age and the appellant in order to help him came forward to purchase the land from Akkannappa. But, Akkannappa was not in a position to get the document registered immediately, on account of his ailments and he entered into a Settlement Deed/Agreement of Possession in favour of the appellant and put the appellant in possession of the land bearing Sy. No. 197 measuring two acres situated at Abbehanalli village which is the land granted under the 'Grow More Food' scheme. According to the appellant, Akkannappa utilized the proceeds of sale of the land towards his medical and domestic expenses and did not come forward to execute a document of conveyance in favour of the appellant and he died.
4. That the appellant continued to remain in possession and enjoyment of the land in question without any interference and when the matter stood thus, a person by name A. Krishnappa claiming to be the son of Akkannappa tried to interfere with the possession of the land by the appellant. Appellant filed O.S. No. 270/2001 on the file of Civil Judge, at Maluru seeking relief of declaration and injunction against A. Krishnappa and members of his family. In the said suit, there was a compromise to the effect that the appellant was the absolute owner in possession and enjoyment of the land in question and there was an order restraining A. Krsihnappa and his family members from interfering with the possession of the appellant. The said compromise decree dated 16.02.2002 was passed before the Lok Adalat and a copy of which is at Annexure-E.
5. Thereafter, the fourth respondent herein, claiming to be a legal heir of the grantee-Akkannappa, approached the appellant claiming right over the land in question and when the decree passed in O.S. No. 270/2001 was brought to the notice of the fourth respondent herein, he filed an application before the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'PTCL Act' for short). The Assistant Commissioner allowed the application by his order dated 11.02.2015 and directed that possession of the land to be handed over to the fourth respondent.
6. Being aggrieved by the aforesaid order (Annexure-F), the appellant herein filed an appeal before the Deputy Commissioner under Section 5(a) of the PTCL Act. The Deputy Commissioner by his order dated 15.03.2017 (Annexure-G) dismissed the appeal.
7. Being aggrieved by the dismissal of the appeal, the appellant preferred W.P. No. 34468/2017 (SC/ST) challenging the orders of the Deputy Commissioner as well as the Assistant Commissioner. The learned Single Judge dismissed the writ petition on 3
