K.C. JAVAREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The fourth respondent Kariyappa was granted land measuring 1.39 acres by the State on 22.11.1948 free of cost under the Mysore Land Revenue Rules. One of the conditions of the grant was that land shall not be alienated to any third party. Out of this granted land, the appellant herein purchased 20 guntas of land from the 4th respondent on 14.8.1967. On 1.1.1979 the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 came into force and u/s 4 of the said Act, alienation made against the terms of the grant and the law providing for such grant, was declared null and void. In relation to that, the Assistant Commissioner issued notice to the appellant for resumption of the land purchased by the 4th respondent. The appellant had objected to the order passed against him for resumption of the land purchased by him from the 4th respondent. But the Assistant Commissioner rejected the objections and confirmed his proposal. The appellant filed an appeal against the order before the Deputy Commissioner. The Deputy Commissioner set aside the order passed by the Assistant Commissioner. Being aggrieved, the 4th respondent filed a Writ Petition in the High Court of Karnataka at Bangalore and the said Writ Petition was allowed and the matter was remitted to the Deputy Commissioner. Thereafter, the Deputy Commissioner confirmed the order originally passed by the Assistant Commissioner. Aggrieved by the same, the appellant filed a Writ Petition before the High Court of Karnataka. The learned Single Judge of the High Court dismissed the Writ Petition and thereafter the appellant pursued the matter in writ appeal and the same was also dismissed. Hence, this appeal by special leave.

(2.) Heard learned Counsel for the appellant, respondent and also learned Counsel appearing for the State.

(3.) Learned Counsel for the appellant contended that originally under Rule 43(G) of the Mysore Land Revenue (Amendment) Rules, 1960 there was total restraint on alienation and the said Rules were amended on 10th May, 1960 and by virtue of the amended Rule 43(G), the period of restraint of alienation in respect of any land given as per the Mysore Land Code was fixed at 15 (fifteen) years. As according to the appellant, the alienation, in question, had been effected after the amendment of Rule 43(G) and the same being after a period 15 years from the original grantee taking possession, Section 4 of the SC/ST (Prohibition of Certain Lands) Act, 1978 has no application. It is not disputed that prior to the amendment of these Rules (Mysore Land Revenue (Amendment) Rules, 1960), the prohibition against alienation was permanent, if grant was given free of cost, or is made at a price which is less than the full market value.