NDLI: R. Rudraiah and Anr. Vs. State of Karnataka and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	6 and 107 1961 : Sections 45 and 48-A Village Office Abolition Act 4(3) Karnataka Land Reforms Act 1961 : Sections 4(1) 5
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Karnataka Village Offices Abolition Act, 1961 (14 of 1961) Karnataka Land Reforms Act, 1961 (10 of 1962)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Land Laws: Karnataka Land Reforms Act, 1961 : Sections 45 and 48-A (as amended by Act No. 1/1979)-Limitation-Application for grant of occupancy rights-Filing of-Limitation period Six months from the date of commencement of Amendment Act i.e. from 1.1.1979 to 30.6.1979-Application filed on 7.3.1984-Dismissed by High Court holding that it is barred by limitation-Validity of-Held, intention of legislature to delete the provision of condonation of delay clear and unambiguous-Not capable of more than one interpretation-High Court justified in dismissing the application as time barred. Sections 107-Government lands-Exemption-Object of Section 126-object and scope of Village Office Abolition Act, 1961 :Sections 4(1), 4(3), 5, 6 and 107-Limitation-Application for grant of occupancy rights-Abolition of village office-Resumption-Proceedings for regrant by erstwhile village office holders-Pendency of-Claim for extension of period of limitation under Section 48-A of the Karnataka Land Reforms Act-Validity of-Held, the period of limitation under the Act does get extend.ed till rights of regrant to village officer were finally decided-Karnataka Land Reforms Act, 1961-Section 48-A. Section 4(3), 5, 6 and 7-Abolition of village office-Resumption under Section 4(3)-Whether lands became 'Government lands'-Held, No. Resumption under Section 4(3) not absolute-Lands resumed cannot be allotted for general or public purpose but remains strictly for regrant-Thus lands does not become Government lands. Interpretations of statutes : Provisions fixing period of limitation-Interpretation of-Held, equitable considerations are out of place and strict grammatical meaning of the words the only safe guide-Plain or grammatical construction leading to injustice or absurdity is to be avoided only if the language permits. The lands in dispute were emoluments attached to the village office. The said village office stood abolished under the Village Offices Abolition Act, 1961 and under the provisions of Section 5 of the Act, the erstwhile holders of the office could obtain regrant of the lands. Thus, certain proceedings for regrant were initiated by the erstwhile holders under the Village Office Abolition Act, 1961. Appellant No. 1 claiming to be cultivating tenant of land, filed an application on 7.3.1984 under Section 45 of Karnataka Land Reform Act, 1961 (the Act) for grant of occupancy rights. The said application was allowed by Land Tribunal and Appellate Authority. However on revision the High Court dismissed the application for grant of occupancy rights holding that it was filed beyond the limitation fixed under the Section 48-A of the Act. Hence the present appeal. On behalf of the appellant it was contended that the provision in Section 48-A of the Act prescribing limitation has to be considered liberally in favour of tenants and the period was to be extended unless the claims regarding re-g'rant of the emoluments of the village office under Section 5 of the Village Office (Abolition) Act, 1961 were finally decided by the concerned authorities under the Act; that after 1.2.1963. when the village offices stood abolished and when under Section 4(3) of that Act the emoluments of the village office stood automatically resumed, the lands stood vested in the Government under Section 4 of the Act and therefore became 'government lands'. Consequently under Section 107 of the Act, these lands were not covered by the Act: the provisions under Section 45 and Section 48-A operated by virtue of Section 126 of the Act, only from the dates on which the question of re-grant in favour of the erstwhile village officers was finally decided. The respondent contended that Section 48-A of the Act, which refers to the period of limitation for filing application under Section 45 of the Act is unambiguous and operates by its own force and no resort can be made to Section 5 of Village Office (Abolition) Act, 1961 which deals with re·grant of emoluments attached to village offices: that these lands, upon abolition of village offices, are not 'government lands' and hence Section 107 of the Act does not apply: the amendment of section 126 by Act l of 1979 was only clarificatory and only for removal of doubts.
Judge	Hon'ble Mr. Justice M. Jagannadha Rao
Neutral Citation	1998 INSC 59
Petitioner	R. Rudraiah And Anr.
Respondent	State Of Karnataka And Ors.
SCR	[1998] 1 S.C.R. 553
Judgement Date	1998-02-04
Case Number	561

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