GANGAVVA AND ORS. Vs. GOUDAPPA AND ORS.

JUDGEMENT

(1.) THESE writ appeals are directed against the common order passed by the learned Single Judge dismissing the writ petitions filed by the appellants herein.

(2.) APPELLANTS claim that they are the grantees of different portions of lands under the provisions of the Karnataka Village Offices Abolition Act, 1961, being the holders of village offices. Apparently, after regrant, they have sold the land to others. They applied seeking resumption and restoration of the land invoking Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL' Act). The Assistant Commissioner held that lands in question were not "granted lands" as defined under Section 3(1)(b) of the PTCL Act, as they were the lands granted in favour of the holders of the village offices as remuneration for discharge of their functions and hence they were not entitled for resumption and restoration of the land. The applicants/appellants herein filed appeal before the Deputy Commissioner under Section 5 -A of the PTCL Act. The Deputy Commissioner dismissed the appeals confirming the order passed by the Assistant Commissioner. This is how appellants challenged the orders passed by the authorities below, by filing the present writ petitions. The learned Single Judge has dismissed the writ petitions holding that regrants had been made in favour of the holders of village offices under the provisions of the Karnataka Village Offices Abolition Act, 1961, recognising their hereditary nature of the offices held by them hence the rights associated therewith did not fall within the definition of 'granted land'.

(3.) DEFINITION of "granted land" contained in Section 3(1)(b) has three parts. First part defines the meaning of 'granted land', the second part qualifies the purpose and the third part mentions what it excludes. Section 3(1)(b) reads as under: