Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966: r. 119(2) – Restoration of forfeited occupancy or alienated holding on payment of the arrear due Karnataka Land Revenue Rule |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Land Revenue Rule, 1966: r. 119(2) – Restoration of forfeited occupancy or alienated holding on payment of the arrear due – Property purchased in a public auction by the respondent’s ancestor in the year 1887 – Said property forfeited to the State Government in the year 1892 for non-payment of land revenue however, respondent remained in possession – In the year 1994 by a Government order, certain land transferred to the Forest Department and the land in issue was a part of that land – In 2000, the Government amended r.119(2) providing for the restoration of the forfeited property except those lands which are disposed of otherwise by the government – Application u/r. 119(2) by the respondent – However, application not considered - Respondent then filed a writ petition before the Single Judge which was allowed and was upheld by the Division Bench – On appeal, held: Government order was not in nature of Gazette notification under Karnataka Forest Act to notify the land as reserved forest – It is clear from the preamble of the order that if the land is required for the public purpose and for the government itself, the Revenue department may take back this lands from the land bank – Therefore, as on the date when the right accrued to the respondent to make an application seeking restoration, the status of the property was the same and the transfer was only from the Revenue Department of the Government to the Forest Department of the same Government i.e., from one arm to another – Forest department was made custodian of the revenue land for a limited purpose – Thus, as on the date when the respondent had made an application it cannot be construed that the land had been disposed of as contemplated u/r. 119(2) – Respondent continued with the possession all the time and land was never made over to the Forest Department or forfeited – Order of the Single Judge of the High Court which attained finality refers to the documents which indicate possession over the property by the respondent – Thus, the High Court took note that the possession of the property remained with the respondent throughout would satisfy the requirement to claim restoration u/r. 119(2). |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2022 INSC 581 |
Petitioner | The State Of Karnataka & Ors. |
Respondent | G. Ramanarayana Joshi |
SCR | [2022] 4 S.C.R. 128 |
Judgement Date | 2022-05-17 |
Case Number | 4117 |
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