2011 (4) AIR Kar R 115

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

( A ) Karnataka Land Revenue Code (1888) S. 4 — Karnataka Land Revenue Rules (1966), R. 43 — ‘Granted land’ — Land in question originally granted to persons belonging to adi Karnataka community — All grantees under grant order got land for possession and enjoyment and nothing more — No title was ever conveyed in favour of any of grantee — Grants were subject to conditions of permanent non-alienation — Is ‘granted land’ — Endorsement in mutation register (Saguvali chit) that land was sold in public auction — Is of no value as it is not supported by any other contemporaneous records — Grant being in favour of depressed classes — It is only provisions of Rules 43(5) and 44(8) of KLR Rules which are attracted. (Paras737475)

( B ) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1978) S. 5 , 4 — Resumption and restitution of granted land — Prohibition of transfer of granted land — Land granted in favour of depressed class — Right, title and interest, if at all original grantee had got under grant order itself, is only for possession of land — Petitioner being in possession of land which had been originally granted in favour of a person belonging to depressed class — Presumption in terms of sub-section (3) of S. 5 of Act inevitably operates — Can be presumed that petitioner has acquired land by transfer, which is void — Land can be resumed to State. (Paras99)