N.SUBRAMANI Vs. ASSISTANT COMMISSIONER,KODAGU

JUDGEMENT

(1.) The petitioner has impugned the order dtd. 22/3/2019 in Appeal No.606/2016 on the file of the Karnataka Appellate Tribunal, Bengaluru (for short, the Tribunal) as also the order dtd. 26/5/2016 in BhuSu/U/14/2013-14 passed by the first respondent under the provisions of Sec. 83 of the Karnataka Land Reforms Act, 1961 (for short, the Land Reforms Act). The first respondent by the impugned order dtd. 26/5/2016 has ordered forfeiture of the land measuring 0.13 acres in Sy.No.55/1 of Karadigodu Village, Virajpet Taluk, Kodagu District opining that the petitioner has purchased this land in violation of the provisions of the Land Reforms Act, and the petitioners appeal before the Tribunal in Appeal No.606/2016 is dismissed by the other impugned order dtd. 22/3/2019 confirming the first respondents order.

(2.) The learned counsel for the petitioner submits that the petitioner has purchased the aforesaid land in Sy.No.55/1 of Karadigodu Village, Virajpet Taluk, Kodagu District under the sale deed dtd. 22/9/2008 from the previous owner, Sri. K.K.Chandra Kumar. The sale deed clearly mentions that the land is used for cultivation of coffee. The revenue records for the subject property stood mutated in favour of the vendor Sri. K.K.Chandra Kumar as per MR No.28/2007-08, and significantly, the RTC records that the subject property is a plantation land utilized for growing coffee crops. The restrictions under the provisions of Sec. 79 A and B of the Land Reforms Act is only insofar as the agricultural lands and the restrictions do not apply to the lands used for growing plantation crops such as cardamom, coffee, pepper, rubber and tea. The learned counsel relies upon the definition of plantation crops as found under Sec. 2 (25) of the Land Reforms Act. The learned counsel emphasizes that the petitioner has specifically taken up this contention in the appeal before the Tribunal relying upon the terms of the sale deed dtd. 22/9/2008 and entries in the RTC as also the definition of plantation crops in the Land Reforms Act, but the Tribunal, without considering this specific contention, has dismissed the appeal solely on the ground that the petitioner has not produced any document to demonstrate that he was an agriculturist prior to the sale deed dtd. 22/9/2008.

(3.) The restrictions under Sec. 79 A and B of the Land Reforms Act do not apply to the lands which are used for plantation crops as defined under the provisions of the Land Reforms Act. It would be useful to refer to the provisions of Sec. 104 of the Land Reforms Act which reads as follows;