Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mysore Land Revenue Scheduled Caste and Scheduled Tribe |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Scheduled Caste and Scheduled Tribe (Prohibition on Transfer of Certain Lands) Act - s. 5 - Grant of Government land to person belonging to Scheduled Caste - With condition of non-alienation for 15 years - Grantee sold land in violation of the non-alienation condition - SC and ST Act came into force - Wife of grantee filed application under the Act seeking resumption of land on ground that same was alienated by her late husband in breach of non-alienation condition - Authorities concerned held the said sale null and void and directed restoration of the land to wife of grantee - Order confirmed by High Court - On appeal, held: Imposition of condition of prohibition on transfer for particular period did not constitute any unreasonable restriction on right of the grantees to dispose of granted lands - Sale in violation of such condition rightly held by authorities below as null and void - Mysore Land Revenue (Amendment) Rules, 1960 - rr.43G(4) & 43(J). Government land was granted in favour of Respondent No.1's husband, who belonged to the Scheduled Caste, albeit with the condition that the same shall not be alienated for a period of 15 years., Respondent No.1's husband, however, in violation of the said condition, sold the said land to one 'M' whose children, in turn, sold the same to appellant.After the Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands Act came into force, Respondent No.1 filed application before Respondent No.2 Asst. Commissioner seeking resumption of the said land under Section 5 of the Ad on the ground that the same was alienated by her late husband in breach of the said non-alienation condition. The Asst. Commissioner held the said sale null and void and directed appellant's eviction from the land for its restoration to Respondent No.1. The order was confirmed by respondent No.3 Deputy Commissioner. Appellant filed writ petition before the High Court contending that the authorities below declared the sale made in favour of'M' null and void on application of sub-rule (4) of Rule 43-G of Mysore Land Revenue (Amendment) Rules, 1960, but Rule 43G(4) was inapplicable and the correct rule applicable in respect of the said granted land was sub-rule (J) of Rule 43. High Court dismissed the writ petition holding that the authorities were right in holding that the grant of land was under Rule 43-G and not under Rule 43-J. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1317 |
Petitioner | Chinde Gowda |
Respondent | Putiamma |
SCR | [2007] 13 S.C.R. 932 |
Judgement Date | 2007-12-14 |
Case Number | 7039 |
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