Karnataka High Court
Smt P Shalini Shetty vs Principal Secretary on 11 February, 2025
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NC: 2025:KHC:6042
WP No. 30826 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 30826 OF 2024 (KLR-LG)
BETWEEN:
1. SMT. P. SHALINI SHETTY,
D/O LATE. MONAPPA SHETTY
AGED ABOUT 84 YEARS,
2. SRI. P. SURYANARAYANA SHETTY
S/O LATE. MONAPPA SHETTY
AGED ABOUT 66 YEARS
3. SRI. RAKESH SHETTY
S/O SMT. SHYAMALA SHETTY
AGED ABOUT 43 YEARS,
ALL ARE RESIDING AT NO.28,
HALADI - 576 222, KUNDAPURA TALUK
Digitally signed
by KAVYA R UDUPI DISTRICT.
Location: High ...PETITIONERS
Court of
Karnataka (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
AND:
1. PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
STATE OF KARNATAKA, M.S BUILDING,
DR. AMBEDKAR ROAD,
BANGALORE - 560 001.
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NC: 2025:KHC:6042
WP No. 30826 of 2024
2. THE DEPUTY COMMISSIONER
UDUPI, RAJATADRI,
MANIPAL - 576 104,
UDUPI DIST.
3. THE TAHSILDAR
KUNDAPURA TALUK
KUNDAPURA - 576 201, UDUPI.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE CONDITION
NO.7 IN FORM NO.7 DATED 01.06.2023 IN
ADS.LND.DR.01/2023-24 ISSUED BY THE R-3 (ANNX-D) AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner in the captioned petition is aggrieved
by the condition No.7 imposed while issuing Form No.7
and therefore in the petition the petitioner is seeking
quashing of the condition No.7 while issuing permanent
grant.
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2. Heard learned counsel for the petitioner and
learned HCGP. Perused the records.
3. The petitioners' ancestor, namely, Monappa
Shetty, was granted petition lands and the petition lands
were leased for cashew cultivation for a period of 30
years. The auction and lease provided a grantee an option
to acquire permanent ownership of the lands on expiry of
30 years on payment of a land fee at the time of grant.
4. The respondent No.3-Tahasildar has issued a
Saguvali Chit; however, it includes a condition restricting
the petitioner from alienating the property for a period of
25 years. This matter has been effectively addressed by
the co-ordinate bench in W.P. No. 37404/2013. The
relevant portion, starting from paragraph No.16, is
extracted below:
"16. Rule 23 (1) of the Karnataka Land Grant Rules,1969
as it stood prior to its amendment in 1978 which provides
the lands granted temporarily prior to coming into force of
the Land Grant Rules reads as follows:
Rule 23. Confirmation of lands to persons to whom the
lands have been leased temporarily Notwithstanding
anything contained in these rules,-
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(1) Where, before the commencement of these rules
agricultural lands were leased temporarily to any person
for purposes of cultivation and the lease contemplated the
subsequent grant of the land to the lessee and all the
conditions of the lease have been complied with, such
lands may be granted to the lessee by the Deputy
Commissioner on payment of the price fixed by him in
accordance with Rule 12."
17. As could be seen from the said Rule, a specific
provision is made for confirmation of the land which were
leased temporarily before coming into force and the said
Rule clearly stipulates that if all the conditions of the lease
have been complied with, the lands would be granted by
the Deputy Commissioner on payment of the price fixed
by him, in accordance with Rule 12. The said rule only
provides for fixation of the price and does not provide the
Deputy Commissioner to impose any further conditions.
18. It is also to be kept in mind that when a person is
being conferred with permanent ownership as promised to
him in the order of grant made 30 years ago, that
promise cannot be diluted by imposing a condition that he
shall not alienate the land for a further period of 25 years.
This virtually, amounts to altering the terms of the grant
30 years after it was accepted by both parties, which is
clearly impermissible.
19. I am therefore of the view that the imposition of the
condition- prohibiting the lands to be alienated for a
period of 25 years as per the Clause 4 of Annexure-C and
Clause 7 of the Saguvali Chit Annexure-H are wholly
illegal and they are accordingly quashed.
20. The writ petition is allowed."
5. In view of co-ordinate bench view on the issue,
this Court deems it fit to extend the benefit of the
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judgment tendered by the co-ordinate bench. For the
foregoing reasons, this Court passes the following:
ORDER
i. The writ petition is allowed;
ii. The condition No.7 imposed in Form No.7
dated 01.06.2023 vide Annexure-D and E is
hereby quashed and set aside.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
HDK
CT: BHK
