A subsequent purchaser cannot claim property rights against a legally established donation under the Bhoodan Yagna Act, once proper procedures for vesting have been followed.

(Order of the Court was made by S.M.Subramaniam J.)

The Writ Petition has been instituted challenging the order of the District Revenue Officer, Tiruppur, dated 29.09.2022, cancelling the patta stood in the name of the writ petitioner.

2. Learned Senior Counsel for the petitioner would submit that the petitioner is in possession of the subject property described in the writ petition. The property was purchased by the petitioner through sale deed dated 07.12.1981. Thereafter, he continued to be the absolute owner of the property and patta also stood in the name of the petitioner. While so, the District Revenue Officer called for an enquiry and without considering the documents produced by the petitioner, passed an order that the subject property was donated in favour of Bhoodan Board under the Bhoodan Yagna Act, 1958 and cancelled the patta granted in favour of the petitioner. Such an action, without taking note of the fact that the petitioner is in long possession of the property, is erroneous. That apart, there is no document to establish that the subject property was donated under the provisions of Bhoodan Yagna Act, 1958. Thus, the writ petition is to be considered.

3. Learned Additional Government Pleader appearing on behalf of the respondents strenuously opposed by stating that one Mr.Venkatachala Gounder donated the property in favour of Bhoodan Board on 08.01.1956 under the Act. The donation was confirmed on 21.11.1966, after following the procedures contemplated under the Act and a Deed was registered as Document No.2130/1968 on the file of Sub Registrar Office at Dharapuram. Once, the document has been registered in the name of Bhoodan Board under the Bhoodan Yagna Act, the property absolutely vests with the Board and thereafter, it was distributed to the landless poor people by way of assignments to protect their livelihood. The title vests with the Board, cannot be transferred to anybody and the land will be utilised only to protect the livelihood of downtrodden people. In order to achieve the noble cause, the Board was constituted for the virtue of an enactment and the Rules framed thereunder.

4. In the present case, the procedures as contemplated under the Act and Rules were scrupulously followed for issuance of declaration and notification was issued and document was also registered before the Sub Registrar Office, Dharapuram. That being the case, the petitioner being a subsequent purchaser, purchased the property in the year 1981, has no right to claim property and thus, the order impugned, cancelling the patta is in-

consonance with the provisions of the Bhoodan Yagna Act, 1958.

5. Let us now consider the provisions of “Tamil Nadu Bhoodan Yagna Act, 1958”(hereinafter referred as “Act XV of 1958”)

(I) Section 2(a) defines “Bhoodan Yagna” means the movement initiated by Shri Acharya Vinobha Bhave for the acquisition of lands through voluntary gifts for distribution to landless poor persons, co-operative societies or Sarvodaya Panchayats or for community purposes.

(ii) Section 2(f) defines “landless poor person” means a person who either is not an owner of land or an owner of land which does not exceed the limits prescribed in this behalf and whose annual income does not exceed such sum exceeding twenty-five thousand rupees as may be prescribed. 6. The Board was established under the Act and more specifically, section 11 of the Act states about ‘Vesting of lands in the State Board’, which reads as follows:

11. Vesting of lands in the State Board All lands donated for purposes of the Bhoodan yagna whether before or after the commencement of this Act shall subject to the provisions of sections 16,17 and 20 vest in the State Board.

7. Section 16 deals about ‘Donation of land