KUNDEERA PONNAPPA Vs. H S VASU

JUDGEMENT

(1.) The point for consideration is whether under the provisions of sub-rule (2)(a) of Rule 122 of the Rules issued under the Coorg Land and Revenue Regulation, 1899 (hereinafter referred to as 'the Rules') which stipulates prohibition of sale of lands without the orders of the Assistant Commissioner in writing, except to Government or to Cooperative Credit Societies, is mandatory or directory.

(2.) In paragraph 5 of the writ petition, a categorical stand taken by the petitioner is that the provision under the said Regulation make it clear that the lands granted to Harijans or other landless poor people upto a maximum of 3 acres should not be alienated by sale, gift, mortgage or otherwise without the orders of the Assistant Commissioner in writing. Therefore, it is contended by Sri U.L. Narayana Rao, learned Counsel for the petitioner that according to the provisions of the Regulations, the lands granted to a Harijan cannot be alienated without the permission of the Assistant Commissioner. At the same time, it is contended that the first respondent cannot take advantage of the same for claiming the benefits under the said Regulation because the permission of the Assistant Commissioner (respondent-2) is not mandatory but only directory, since according to the petitioner, the provisions of the Act have been enacted for the benefit of the people belonging to the poor and others coming under the Scheduled Castes and Scheduled Tribes category in the State of Karnataka. The alternative argu- ment is that if a land is granted to a person coming under the said category and he alienates the same contrary to the conditions of the grant, the same could not be restored to him. Therefore, it is submitted that the impugned orders under Annexures 'A' and 'B' are liable to be set aside.

(3.) Necessarily, I have to advert to the provisions of sub-rule (2)(a) of Rule 122 of the Rules, which reads as follows :-