SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
Vivek M. Hinduja and Ors – Appellant
Versus
M. Ashwatha and Ors. – Respondent
Civil Appeal No. 2166, 2167 of 2009, 7208 of 2011
Decided On : 06-12-2017
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Land Purchased - Granted - Member of Scheduled Caste community - Chronology of events in three appeals before Court is different - Area of lands and original grantees are also different - Number of times lands changed hands is also different - But a common feature of all these cases, which enable Court to deal with them at same time is fact that after Karnataka Act came into force, competent authorities did not take any action till the year - It was then that they apparently took suo motu action and served notices on the appellants to show cause as to why lands should not be resumed by them and why proceedings under which the rights for lands were acquired should not be annulled - Whether present appellants had perfected their titles on date of coming into force of the Karnataka Act – Held, Setting aside the decree passed by all courts and referring to several cases, this Court held that if party aggrieved by invalidity of the order intends to approach court for declaration that order against him was inoperative, he must come before court within period prescribed by limitation - 'If statutory time of limitation expires, Court cannot give the declaration sought for' - Court are in respectful agreement with aforesaid observations - It is, necessary to add that where limitation is not prescribed, the party ought to approach competent Court or authority within reasonable time, beyond which no relief can be granted - As decided earlier, this principle would apply even to suo motu actions - Court find from impugned judgments that High Court has not given due regard to period of time within which action was taken in present cases - Competent authorities in all these cases had declined relief to respondents and had refused to annul transfers - In circumstances, impugned judgment(s) and order(s) passed by High Court are set aside.
ORDER :
1. These three appeals arise out of a common judgment of the Karnataka High Court, in which the appellants before us were held to be disentitled to the granted land purchased by them. The High Court in its judgment upheld the order of the single judge in view of the social welfare legislation, Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, "the Karnataka Act"), and on the ground that the original grantee of the lands was a member of the Scheduled Caste community, restored the lands back to the legal representatives of the original grantee.
2. The chronology of the events in the three appeals before us is different. The area of the lands and the original grantees are also different. The number of times the lands changed hands is also different. But a common feature of all these cases, which enable us to deal with them at the same time is the fact that after the Karnataka Act came into force on 01.01.1979, the competent authorities did not take any action till the year, 1998. It was then that they apparently took suo motu action and served notices on the appellants to show cause as to why the lands should not be resumed by them and why the proceedings under which the rights for the lands were acquired should not be annulled.
3. The original grantees in these cases, who were members of the scheduled caste community, were granted the lands by a common grant sometime in the year 1946-1947. By that grant each of the grantees was given two acres of land. The successors of the grantees or the grantees themselves transferred the lands to certain individuals sometime in the year 1967. These transferees further transferred the lands after 8/10 years to different persons. The present appellants are purchasers from the land transferees.
4. Arguments have been addressed before us at length on whether the present appellants had perfected their titles on the date of the coming into force of the Karnataka Act. We are not inclined to go into this question because the instant matters can be decided on an aspect settled by this Court in the case of Chhedi Lal Yadav and Ors. vs. Hari Kishore Yadav (D) Thr. Lrs. and Ors. 2017(6) SCALE 459, and Nekkanti Rama Lakshmi vs. State of Karnataka and Anr. C.A. No. 1390/2009, decided on 26.10.2017. In these two decisions, one of which arose under the Karnataka Act, this Court has held that the authorities entrusted with the power to annul proceedings purported to have been made by the original grantees, must exercise their powers to do so, whether on an application, or suo motu, within a reasonable time since no time is prescribed by law for taking such action. In the decided cases, action had been initiated after about 20 to 25 years of the coming into force of the Karnataka Act.
5. In the present cases, it is undisputed that the action had been initiated after almost 20 years from the coming into force of the Karnataka Act. In principle, we do not see any reason why the delay in the present cases should be considered to be reasonable. There is no material difference between the period of delay in the present cases and he decided cases.
6. Relying on some observations in the case of Manchegowda and Ors. vs. State of Karnataka and Ors., (1984) 3 SCC 301 and Sunkara Rajayalakshmi & Ors. vs. State of Karnataka(2009) 12 SCC 193, Shri Sunil Fernandes, learned counsel on the respondents’ side submitted that the outer limit for initiating action should be 30 years.
7. We, however, find that the observations in those cases are not apposite and are made with reference to the period of prescription in respect of Government properties under the Limitation Act, 1963.
8. It was also submitted on behalf of the respondents that Section 4[Sec. 4 Prohibition of transfer of granted lands. – (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contra
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