- 1 - 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 UDUPI DISTRICT. …PETITIONERS (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. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - 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. - 3 - NC: 2025:KHC:6042 WP No. 30826 of 2024 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,- - 4 - NC: 2025:KHC:6042 WP No. 30826 of 2024 (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 - 5 - NC: 2025:KHC:6042 WP No. 30826 of 2024 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 List No.: 1 Sl No.: 13 CT: BHK