B.RATHNAKARA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved of a portion of the impugned grant order dtd. 21/11/2013 viz., Clause 4 wherein a condition has been imposed that the petitioner/grantee shall not alienate the land for a period of twenty-five years.

(2.) The undisputed facts are that the petitioner's father late B.Krishnappa Shetty applied for grant of land in Sy.No.60/A, measuring 1 acre and 03 cents for the purpose of cashew cultivation. The Tahsildar, Udupi Taluk passed orders on 15/8/1958 in terms of Annexure-B granting the land temporarily in terms of the provisions contained in the South Kanara District Lease of Lands for Cashew Cultivation Rules, 1957 (hereinafter referred to as 'the Rules, 1957, for short). Learned Counsel for the petitioner submits that that in terms of Rule 3(i) of the Rules, 1957, land shall be granted on thirty years lease with option to the lessee for its renewal on the expiry of the thirty years period in respect of those lessees who fulfill the terms and conditions of the grant, satisfactorily. The lessee shall also be given the option to acquire permanent ownership of the land on the expiry of thirty years on payment of the value of the land fixed at the time of the grant itself.

(3.) Having regard to the said provision, though the grantee/petitioner's father gave several representations after the expiry of the period of thirty years, seeking permanent grant, but no orders were passed. After the death of the petitioner's father, the legal heirs of the grantee gave such representations seeking grant on permanent ownership basis. In response to the request, the Revenue Inspector, Udupi Taluk recommended the case of the petitioner for grant of permanent ownership. A spot inspection was conducted and a report was also submitted by the Revenue Inspector. Based on the report of the Revenue Inspector, the Tahsildar recommended for grant of permanent ownership by a communication dtd. 27/1/2003. Further, the Assistant Commissioner, Kundapura Sub-Division also recommended the case of the petitioner for grant of permanent ownership. The Tahsildar determined the value of the land in terms of the Rules, at Rs.40,000.00 per acre and recommended for grant of permanent ownership vide letter dtd. 28/3/2005. After repeated requests, the Deputy Commissioner passed the impugned order dtd. 21/11/2013 at Annexure-A, directing conferment of permanent ownership in the name of the petitioner herein. However, the Deputy Commissioner has imposed a condition of non-alienation for a period of twenty-five years in Clause-4 of the impugned order.