ASWATHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition arises out of the provisions contained in a special statute-Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act'). The petitioners are the legal heirs of the original grantees. There are five sets of original grants, granting 4 acres each in Sy. No. 184 of Vishwanathapura Village, Kundana Hobli, Devanahalli Taluk, Bangalore District, in favour of Sri Munithimma, Sri Varada, Sri Muniswamy, Sri Muniswamappa and Sri Chikkagullonu.

(2.) It is not disputed that these lands were granted to the five grantees by the Deputy Commissioner, Bangalore, vide order dtd. 18/1/1972 and Saguvali Chits (Grant Certificates) were issued on 2/3/1972, under the provisions of the Karnataka Land Grant Rules, 1969. However, one Sri Byrappa and Sri Pillappa filed applications in Form No. 7, under the provisions of Sec. 48-A(1) of the Karnataka Land Reforms Act, 1961, during the year 1976, claiming to be tenants under the five original grantees and sought for grant of occupancy rights in respect of the entire 20 acres. The Land Tribunal passed an order dtd. 30/8/1980 declaring that the applicants were tenants under the said landlords and proceeded to grant occupancy rights in favour of the applicants. However, in a writ petition filed by Sri Varada and Sri Munikuntappa S/o. Sonnappa in W.P. Nos. 21918/1980 and 21919/1980, since the order dtd. 30/8/1980 was set aside while remanding the matter back to the Land Tribunal to afford opportunity to cross-examine the applicants, the Land Tribunal reheard the matter. During the course of those proceedings, Sri Byrappa passed away. However, the Land Tribunal came to a conclusion that the applicants have made out a case for grant of occupancy rights and accordingly, by order dtd. 21/8/1993, occupancy rights in respect of 8 acres in favour of Sri Pillappa and 12 acres in favour of Smt. Kempamma W/o. Byrappa were granted by the Land Tribunal.

(3.) Aggrieved by the order of the Land Tribunal, Writ Petition No. 5875/1994 was filed by the original grantees/legal heirs. However, the said writ petition was not prosecuted and consequently it was dismissed for non-prosecution on 3/3/1997. In the meanwhile, during the year 1999-2000, the lands of Smt. Kempamma were partitioned under a registered partition deed dtd. 7/7/1999. On 2/9/2002, the petitioners herein, who are the legal heirs of the original grantees approached the Assistant Commissioner, invoking the provisions of the PTCL Act and filed a petition under Sec. 5, seeking to declare the conferment of occupancy rights at the hands of the Land Tribunal as null and void and consequently to resume the lands from the respondents, to be restored in favour of the petitioners herein. The Assistant Commissioner clubbed all the five petitions together and held that the lands were granted under the 'Grow More Food' scheme (GMF scheme, for short) on 18/1/1972 in No. LND.SR.389/1971-72 and Saguvali Chits were issued on 2/3/1972 by the Tahsildar, Devanahalli Taluk. It was held that since initially the lands were given for cultivation under the GMF scheme and later grant was confirmed, the grant is not under Rule 43-G of the Rules, while it was granted under Rule 43-J and rightly, conditions of non-alienation were not imposed. It was held that since the Land Tribunal is a statutory authority and competent under the Karnataka Land Reforms Act to determine the rights of a tenant who was personally cultivating the lands as on 1/3/1974 and immediately prior thereto, the order of the Tribunal granting occupancy rights cannot be questioned under the provisions of the PTCL Act.