High Court Karnataka High Court

Smt Parvathamma vs Special Deputy Commissiner on 20 August, 2009

Karnataka High Court
Smt Parvathamma vs Special Deputy Commissiner on 20 August, 2009
Author: V.Gopalagowda And K.Bhakthavatsala
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED 'mus THE 20th DAY or AUGUST 2009 

PRESENT

THE HONBLE MRJUSTICE V.GOPALA  "

AND

THE I-ION'BLE DR.JUsTIcET'1;,BHAKfrI1AvA1*s,ai,A  "

y___RI'r APPEAL No.162"[2...V()f)9{SCV--fS'%Tu)j 
B EN:  V. _ _ .. 

1 sm' PA.RVA'I'HAMMA  
MAJOR     _. 
WIFE OF K NARAYANAPPA.  4. -
R/AT BIDAf?A'I-IALLIV-, ~ B1nA1~§A_1~mLL3_ 14:031.:
BANGALoR1£_.sofiUi:fH TALUVKJ] " "  

2   _ 
WIFE 0:35' KRAMALAH = _  .. -
MAJOR, 'R/AT BIDAMHAI, _ I" .. _ 
BIDARAHALLI HOBLI  ' .  
BANGALORE SOUTH ._TA§,UI-Z"  APPELLANTS

_~ '5;,(B3 z" 3:3 N.S¥sm\:qA¥ GOWDA, ADV.)

  SPECLAL 1:>Ei>T.viY COMMISSINER

_ BAN'GAL.OI{"<E ~D1sTRIc*r
. _ BANGALQRE

.: -:2 .THE"ASSiSTANT COMMISSIONER

" E5A],\_TGALORE NORTH SUB DIVISION

.  BANGALORE



3 SR1 APPANNA

SON OF GANGAPPA

MAJOR

R/ OF BYATARAYANAPURA VILLAGE
YESHVVANTHPUR HOBLI
BANGALORE NORTH TALUK

4 LAKSHMAMMA

WIFE OF APPANNA

MAJOR 

R/OF BYATARAYANAPURA VELLAGE '
YESHWANTHPURHOBLI      A
BANGALORE NORTH TALUK ' ._   V 

[By Sri N SHANKARANARAYANA  ADV.FOR_R3 ea};
SM'1".ASH_A M.KUMARc;_IR1MA'm; ;AfoV;--1§'0R R1 5: R2)

WRIT APPEAL FILED U/ski   HIGH COURT
ACT PRAYING TO ssr ASIDE  oReER"'PAss,E.D IN THE WRIT

PETETION No.41841/2002' DATED 30-a-2_Qe:s;.V_ - ~

THIS WA 15 ON--fFQRV._f'R*€LIMINARY HEARING, THIS
DAY, GOPALA GOWI)A',~-  VDELIVERED jI*H1«: _FOLLOWING:--

The c0r1?ee{ness"ef of the learned Single Judge
dated 3O».43'.2--€)O8 in WI5 41841/02 (SC/ST) is questioned. in

this appgdaz  facts and legal contentions and

 prayedt'()_VseE:e,side""i:he order of the learned Single Judge

 e1"der dated 4.2.1999 passed by Respondent

2. There is no need for us to refer to the facts in this

Judgment as the learned Single Judge has

referred the same in the order impugned in this ap’pebirVV” ~

3. The ground of attack of the ‘ini’pugrl~ed\.

appeal with reference to SeC.4c(2}: of the is Ac:

No.2/ 79 is enacted solely for the ‘aside the
alienation made by the ‘grantees the terms
of the grant. In other worckggvithge of the
legislature was thattI;e:l1§1iei1ai’ion grantees due
to their poverty ‘exploitation by the upper
castes was a law. It was not the
intention of tiled’ the grantees should be
pennanently be alienating the granted lands

intention of the Legislature that the

purpos’e.s*-of satisfied if the grantee retained the

it for a”‘spe._eiIietl number of years. Viewed from this angle,

subvrnitted that the lands in respect of which the

‘7.,”.prescribed”period of non–alienation had expired can never be

subject to the purview of Act 2/79. This aspect of the

V

states that it was perfectly permissible for the Registering

Officer to permit registration of documents when the _tra’ns_fers

were in accordance with the terms of the

submitted that in the Eight of this clear wordirigloikéeclilfi the K V’

Act, the learned Single Judge has

conclusion that Sec.4(2) of the Nqi3c_a”;i1s*; ~R°cIma” V L’

Naika and another (2008 AIR 312) .w’aa.,.an«}embargo

on the alieriations rnade afterithe intoforce.

5. Further it bingle Judge has
failed to notice ‘and inequality which
would t#1:1é.:j,’4v’¢_1_’lie1_’1Vations made before 1979
after expiry was over, were Valid,
while theéivery ytrhich were sold after the 1979

submitted that once the granted lands

vestsL’freeiylai’id~v.absoii1tely with the grantee, the State cannot

a law takes away a vested right in a citizen. This

l ‘ofit_he’Vrriatter has not been appreciated by the learned

it’ ‘ — urige linllthje proper manner.

hm

6. In View of the above, he has contended that the

learned Single Judge While answering the contentious.

by recording findings and reasons rejecting

is bad in law, as the same is in contravention’of~.the°o4bjeCt it

and intentrnent of the PTCL Act. Therefore’;

question of law would arise._V.”in_ this case “2regarding”‘

constitutional Validity of Se_c..4(2) A’ct-.puV§tting an
embargo upon the grantees’ and ST and
depressed class to alienate the Act has
come into force non–a1ienation period
incorporatedginev Ther’efore, he submits that
impugned order Single Judge is liable
to be set asidelliarid relief as prayed in the writ

E V’ A . . . . . .. N

to the abovesaid legal contentions

byi'”””the..l:le;{rned counsel for the appellant, we have

t .erexaVn*1ined the provisions of Secs.4(2)6 and 8 of the

Aetfwith reference to the findings and reasons recorded

. . at paragraphs 9, 10 and 11 of the impugned order with a View

lit/~

‘V.

hem as provided under Article 14 and 395′) of the Constitution

of India.

9. Learned Single Judge having

interpretation made to See.4(2) of the Act”:

the petition urged by the learned _eounsel5by

and cogent reasons. We are in resijeeiful agreernentjwith the
View taken by the learned’ ‘:S_.’i’ngleé_x do not find any
good reason whatsoever order of the

learned Single Judg¢;”jg:;orr_i* g

10. Appeal t