M BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are all purchasers of sites formed in S.Nos.360 and 361 of Challakere Town. THE said land was originally granted to one Challakeraiah under darkhast on 25-2-1941. THE granted land should not have been sold for ever. In violation of the same, the grantee sold the land on 12-7-1966 to one H.B. Eshwarappa, who, in turn, sold to Venkateshappa on 31-12-1985. the said Venkateshappa converted the land, formed sites and sold to various persons.

(2.) BASED on the report of the Tahsildar that the lands were sold in contravention of the provisions of Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, proceedings were initiated and order of resumption and restoration was passed by the Asst. Commissioner holding that the sale of the lands were null and void. W.P.Nos.37061-62/2002 and connected petitions had been filled challenging the said order, those petitions had been disposed of on 8-1-2004. Taking note of the fact that the nature of the land had been changed and the bona fide purchase of sites by several persons, this Court issued following directions:- (i) The Asst. Commissioner of the Sub-Division, the original Authority herein shall determine the present market land in question taking into consideration the value fixed by the Revenue Department in the Notification under the provision of Karnataka Stamp Act for the purpose of registration of the sale deeds in respect of the sale of the immovable properties in the State of Karnataka within two months for purpose of payment of sital value by the purchasers to the legal representatives of the original grantees as they are entitle for restoration of the properties in question as this Court is not inclined to interfere with the impugned orders but with the modifications made in this order. (ii) The value of the sites shall be paid by the petitioners to the legal representatives of the grantee and obtain necessary proof and receipts for acknowledgment of the same. Only on such payment, the sites purchased by them would be valid. (iii) If the petitioners fail to pay the value of the sites, the Asst. Commissioner shall resume the sites and restore the same to the beneficiaries under the Act. (iv) Unit compliance of this order, no further constructions, developments and agricultural operations shall be carried on by anybody except those which are already in existence. (v) If any one of either the petitioners or in the name of their family members already owning or possessing either house or sites in the town/village where the sites are situated, are not entitled to the benefit or this order. They are at liberty to recover the amount paid to their vendor. Pursuant to the aforementioned directions, the Asst. Commission passed the order at Annexure-B dated 26-6-2004 fixing the market rate of the sites at Rs.40/- per square feet and asking the purchasers of the sites to pay the same to the legal representatives of deceased grantee. By a subsequent order at Annexure-C dated 8-11-2004 the market value of the sites is fixed at Rs.45/- per s.f.t. Being aggrieved by these two orders, the petitioners have filed the present petition seeking to quash the same.

(3.) THE other grievance of the petitioners is that the market price fixed is not based on any guideline and without any basis. This grievance is also not correct. A perusal of the impugned orders reveal that the 3rd respondent has fixed the market price on the basis of the rates fixed by the Government for the purpose of registration of documents. Since the lands are converted and sites are formed, the price is fixed per square feet and therefore it cannot be said that it is without any basis. THE market value is so fixed after taking into consideration various factors, such as the district/taluk/town/village, the location, area, potentiality. Infrastructure available in the vicinity etc., by the committee constituted for the purpose of fixing market value of immovable properties under the provisions of Karnataka Stamp Act. THE guidance value is fixed under the provisions of the above said Act on scientific basis and therefore the same cannot be found fault with nor there can be any grievance to the petitioners about the same.