- 1 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 15473 OF 2019 (SCST) C/W WRIT PETITION NO. 15475 OF 2019 (SCST) IN WP No. 15473/2019 BETWEEN: SMT. LAKSHMAMMA SINCE DIED BY LRS. 1(A). MAHADEVAMMA D/O LATE VENKATADASAPPA, W/O LATE CHOWDAPPA, AGED ABOUT 54 YEARS, #100, KUMBARAHALLI, BENGALURU - 560 090. 1(B). JAYAMMA R., D/O. LATE VENKATADASAPPA, W/O LATE RAJANNA, AGED ABOUT 45 YEARS, # 59, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY BENGALURU SOUTH TALUK, KAGGALIPURA, BANGALORE SOUTH, BANGALORE - 560 082. …PETITIONERS (BY SRI. AMBAJI RAO NAJRE, ADVOCATE FOR P1(A-B)) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH TALUK, BANGALORE DISTRICT -560 009. 3. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE-560 009. 4. SRI. VENKATESHA BABU S/O. M. SRINIVAS, AGED ABOUT 48 YEARS, NO.8, 4TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE-560 011. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3; SRI. DORESWAMY GOWDA E., ADVOCATE FOR R4(ABSENT)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-2 AND 3 AND SET-ASIDE THE SAME AS PER ANNEXURE-D AND E DATED 11.10.2010 AND DATED 21.08.2012 AND QUASH THE SAME BY WAY OF WRIT OF CERTIORARI AND ETC. - 3 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 IN WP NO. 15475/2019 BETWEEN: SMT. LAKSHMAMMA SINCE DIED BY LRS. 1(A). MAHADEVAMMA D/O LATE VENKATADASAPPA, W/O LATE CHOWDAPPA, AGED ABOUT 54 YEARS, #100, KUMBARAHALLI, BENGALURU - 560 090. 1(B). JAYAMMA R., D/O. LATE VENKATADASAPPA, W/O LATE RAJANNA, AGED ABOUT 45 YEARS, # 59, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY BENGALURU SOUTH TALUK, KAGGALIPURA, BANGALORE SOUTH, BANGALORE - 560 082. 2. SMT. NARAYANAMMA. SINCE DIED BY LRS 2(A). NARAYANASWAMY, C/O DANDAYELAGAIAH, AGED ABOUT 51 YEARS, # 66, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY, KAGGALIPURA, BENGALURU-560 082. 2(B). KRISHNA, C/O DANDAYELAGAIAH, AGED ABOUT 47 YEARS, - 4 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 # 66, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY, KAGGALIPURA, BENGALURU-560082. 2(C). SHANKARAPPA, C/O DANDAYELAGAIAH, AGED ABOUT 45 YEARS, # 66, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY, KAGGALIPURA, BENGALURU-560082. 2(D) KESHAVA MURTHY, C/O DANDAYELAGAIAH, AGED ABOUT 40 YEARS, # 66, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY, KAGGALIPURA, BENGALURU-560082. 2(E) MURTHY GY C/O DANDAYELAGAIAH, AGED ABOUT 38 YEARS, # 66, KANAKAPURA MAIN ROAD, KAGGALIPURA COLONY, KAGGALIPURA, BENGALURU-560082 ...PETITIONERS (BY SRI. AMBAJI RAO NAJRE, ADVOCATE P1 (A & B) & P2 (A-E) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BANGALORE-560 001. - 5 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH TALUK, BANGALORE DISTRICT 560 009. 3. THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE-560 009. 4. SRI. VENKATESHA BABU S/O M. SRINIVAS AGED ABOUT 48 YEARS, NO.8 4TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE-560 011. ...RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3; SRI. DORESWAMY GOWDA E., ADVOCATE FOR R4(ABSENT)) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-2 AND 3 AND SET ASIDE THE SAME AS PER ANNEXURE-D AND E DATED 11.10.2010 IN K.SC.ST.19/2000-01 AND NO.SC.ST[A]/12/10-11 DATED 21.08.2012 AND QUASH THE SAME BY WAY OF WRIT OF CERTIORARI AND ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 6 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 ORAL ORDER The petitioners have called in question the order passed by respondent No.2-Assistant Commissioner and respondent No.3-Deputy Commissioner, wherein, the application filed by the petitioners under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as "the Act" for short) was dismissed on the ground that the provisions of the Act is not applicable. 2. Heard learned counsel for the petitioners and learned AGA for the State, the matter is listed for further hearing in order to afford an opportunity to respondent No.4, there is no representation on behalf of respondent No.4. 3. One Venkatadasappa the father of the petitioner No. 1(a) and (b) filed an application under Sections 4 and - 7 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 5 of the Act seeking for restoration of the land, Saguvali chit issued in his favour on 24.10.1984 was subject to the non-alienation condition for a period of 15 years. The original grantee alienated the land in favour of Respondent No.4 under registered sale deed dated 28.08.1995. The alienation being in violation of the provisions of Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (in short 'P.T.C.L Act') without obtaining prior permission of the Government, the Assistant Commissioner at the first instance, allowed the application and restored the land in favour of the original grantee and his legal heirs under Section 5(1)(b) of the P.T.C.L Act. Aggrieved, the 4th respondent preferred appeal under Section 5A of the Act before the Special Deputy Commissioner. The Special Deputy Commissioner allowed the appeal by setting aside the order of the Assistant Commissioner and remanded the matter to hold enquiry in accordance with law. On remand the Assistant Commissioner by the impugned order at Annexure 'D', has held that the application filed by the - 8 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 petitioner seeking restoration is not maintainable as the land was granted at an upset price and the provisions of the Act are not applicable. Aggrieved, the petitioners preferred appeal before the Deputy Commissioner, the Deputy Commissioner was of the similar opinion and dismissed the appeal at Annexure E preferred by the petitioner. Aggrieved, the petitioners are before this Court. 4. In the first round, the Assistant Commissioner held that there is a Saguvali chit issued by the Special Deputy Commissioner on 24.10.1984 and resumed the land in favour of the original grantee now by the impugned orders. Without considering the original records which were available and the saguvali chit which was issued in favour of the petitioner in the year 1984 itself holds provisions of the Act are not applicable. The Apex Court in the case of Guntaiah and Others VS. Hambamma and Others1 (Guntaiah) has held at Paragraph Nos.6, 7, 9 and 12 as under: 1 (2005) 6 SCC 228. - 9 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 6. In order to appreciate the contentions urged before us by the parties on either side, it is necessary to go into some of the relevant provisions contained in the Rules of 1960. These Rules of 1960 were intended to regulate the allotment of the government lands to certain category of persons. As regards grant of lands, the Revenue Officers are given certain powers. The Tahsildar to whom the power of Deputy Commissioner has been delegated may grant not exceeding two acres of rain-fed wetland or four acres of dry land, provided the market value of such land including the value of the trees thereon does not exceed three hundred rupees. The Assistant Commissioner in-charge of the taluk is also given power to grant land not exceeding two acres of land fit for garden cultivation or wetland with assured irrigation facilities. Rule 43 provides the format of the application form for grant of land for cultivation. Rule 43-B states that no land with more than twenty-five reserved trees in an acre shall be disposed of for cultivation except under the special orders of the Government. Rule 43-C and Rule 43-D give certain preference to an individual who is poor or bona fide agriculturist, political sufferer, etc. It also provides that lands which are in control of the Revenue Department may be leased out to schools, colleges and training institutions and also to farming societies registered under the Karnataka Cooperative Societies Act. Rule 43-E says that the lands available for disposal in a village shall be reserved, for grant to different categories of persons eligible for such grant, and where a land available for disposal in any village is less than ten acres, the entire lands available shall be reserved for grant to applicants belonging to the Scheduled Castes and Scheduled Tribes who are ordinarily resident in the village. Where the extent of land available for disposal in a village is more than ten acres, a minimum of ten acres shall be reserved for grant to applicants belonging to the Scheduled Castes and Scheduled Tribes. Rule 43-F prescribes the order of priority and the extent of land to be granted. Marginal note to Rule 43-G says that the grant of land under the preceding rules shall be subject to certain conditions. Rule 43-G reads as follows: “43-G. Grant of lands under the preceding rules shall be subject to the following conditions.—(1) In the - 10 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 case of grant of lands to applicants belonging to the Scheduled Castes and Scheduled Tribes, and to other applicants, who are unable to pay the occupancy price on account of poverty, the occupancy price may be waived up to rupees two hundred and the balance recovered in three annual instalments. (2) In the case of grant of land to applicants who are ex-servicemen the occupancy price shall be waived up to the extent awarded by Government under the Military Concession Rules. (3) In the case of grant of land free of occupancy price, the grant shall be subject to the condition that the grantee shall pay contribution or betterment levy in respect of the land and the value of trees standing on the land. (4) Where the grant is made free of cost, or is made at a price which is less than the full market value, the grant shall be subject to the condition that the land shall not be alienated for a period of fifteen years from the date of the grantee taking possession of the land, after the grant: Provided that such land may be alienated with the previous sanction of the Government and subject to such conditions as the Government may specify, if the Government is of the opinion that in the circumstances of any case, it is just and reasonable to permit such alienation either for purposes of acquiring some other land or for any other purpose: Provided further that nothing in this clause shall apply to: (a) the alienation of any land in favour of the State Government or Cooperative Society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land, or alienation of any land in favour of the Indian Coffee Board as security for loans advanced by the Indian Coffee Board under the Coffee Development Plan; - 11 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 (b) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability or who is a serving member of the armed forces. (5) The grantee shall cultivate the land personally. (6) The land shall be brought under cultivation within two years from the date of the grantee taking possession of the land. (7) The grant is liable to be terminated by the Divisional Commissioner or the State Government and the land resumed if any of the aforesaid conditions is not fulfilled, and on such resumption the land shall vest in Government free from all encumbrances: Provided that no land shall be resumed under this clause except after giving an opportunity to the grantee or his successor-in-interest to show cause why the grant should not be terminated and the land resumed.” (emphasis supplied) 7. Rule 43-J is a general clause empowering the authorities to grant land to the lessees to whom lease had been granted previously. It reads as follows: “43-J. Grant of land to persons to whom lands have been leased temporarily.—Notwithstanding anything contained in the preceding rules of this Chapter, in the case of agricultural land leased by competent authority to any person for purposes of cultivation at any time before the commencement of the Karnataka Land Revenue (Amendment) Rules, 1960, if such land is available for disposal and if the conditions of the lease have been complied with, the land may be granted to the lessee.” 9. A careful scrutiny of the entire scheme of the rules relating to grant of lease to landless persons would show that the finding of the Full Bench on this issue is legally not sustainable. First of all, Rule 43-J is - 12 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 only a general rule which says that the lands which have been given on lease for agricultural purposes could be assigned to the lessees if they complied with the conditions of lease. The title to the land primarily vests with the Government. The Government while granting title to the lessees, can impose any conditions which are permissible under the law. The land is being given to lessees either free of cost or at a price which is less than the full market price. It is not an outright sale made by the Government for full consideration. In all these cases, lands were given almost free of cost. The upset price of the land was either fixed at Rs 200- 250 per acre and this Rs 200 itself was waived and the grantee was to remit only Rs 50 per acre. The grantee was to execute “Saguvali chit” and it incorporated a condition prohibiting alienation for a period of 15 years. The history of the legislation would also show that the State of Karnataka has all along been giving lands to the landless persons belonging to the Scheduled Castes and Scheduled Tribes subject to the restriction on alienation of such land. 12. When the Rule itself says that where the grant is made free of cost or at a price which is less than the full market value, such grant shall be subject to the condition that the land shall not be alienated for a period of 15 years from the date of the grantee taking possession of the land after the grant, such conditions could be imposed on any grant made to the party. 5. The Apex court in the case of Guntaiah stated supra observed that lands granted at an upset price to scheduled caste/scheduled tribe individuals are considered as “granted Lands” under the PTCL Act. Further the Apex court observed that whether the land granted is free or at a concessional rate, does not alter the protective provisions - 13 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 of the PTCL Act as the intent is to ensure these communities retain land ownership. The impugned orders passed by the Assistant Commissioner and Deputy Commissioner that the PTCL Act does not apply for the land granted at an upset price warrants interference, and Guntaiah's case is squarely applicable to the present facts and matter requires reconsideration remitting back to the Assistant commissioner for fresh consideration in accordance with law and this Court pass the following: ORDER i. Writ Petitions are allowed. ii. The impugned orders passed by the Assistant Commissioner and Deputy Commissioner at Annexures - D and E respectively, are hereby set aside. iii. The matter is remitted back to the Assistant Commissioner, Bangalore South Taluk, Bangalore District, for fresh - 14 - NC: 2025:KHC:7233 WP No. 15473 of 2019 C/W WP No. 15475 of 2019 consideration on merits in accordance with law. iv. The parties to appear before the Assistant Commissioner on 17.03.2025. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT,BNV List No.: 1 Sl No.: 21 CT:SNN