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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
State of Karnataka – Appellant
Versus
Bellary Spinning and Weaving Company Limited – Respondent
JUDGMENT :
D.K. SINGH, J.
BRIEF FACTS OF THE CASE :
1. Erstwhile State of Mysore, now the State of Karnataka, had made a grant of 75 acres of land in Sy.Nos.597/B-1 A2-B4 to M/s. Bellary Spinning and Weaving Company Limited (hereinafter referred to as 'the respondent-Company') at the rate of Rs.500/- per acre, sub-division fee of Rs.3/- and annual ground rent of Rs.6.25 per acre. The grant was also subject to payment of other levies as per the Rules and the general and special conditions to be imposed by the Deputy Commissioner, Bellary District. The general and special conditions of grant of 75 acres of land in Sy.No.597/B-1 A2-B4 in Bellary to the respondent-Company inter alia would provide as under:-
i. The land was to be used for the purpose of constructing the spinning and weaving mill and for no other purpose.
ii. No other building was to be constructed without the previous permission of the Deputy Commissioner, Bellary.
iii. The Government would have the right to resume the land wholly or in part with any building thereon in the event of infringement of any terms and conditions of grant. In the event of such resumption, no compensation would be paid for any improvements that could
The grant of land retained government ownership, with limited rights conferred to the grantee, who remained subject to resumption powers due to violation of conditions.
The allotment of land and delivery of possession in favor of the petitioner is a Government Grant within the meaning of the Government Grants Act, 1895. The State is not entitled to resume the land a....
Government permission for alienation of granted lands is only required during the specified non-alienation period; after this period, no permission is necessary for valid alienation.
The main legal point established in the judgment is the validity of the mortgage created without prior permission, the Government's power to declare the transfer as null and void, and the rights of t....
State cannot unilaterally resume possession without following legal procedures post-termination of license.
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