Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka lnams Abolition (Amendment) Act 1979-Validity of-Mysore Act 1of1955 and Mysore Act 18 of 1955 amended by Act of 1979 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Laws: Karnataka lnams Abolition (Amendment) Act, 1979-Validity of-Mysore Act 1 of 1955 and Mysore Act 18 of 1955 amended by Act of 1979-Jurisdiction to determine occupancy rights conferred on land Tribunal instead of Deputy Commissioner-Act of 1979 declared ultra vires in entirety by High Court when only the validity of amendments to Act 18 of 1955 in issue and not Act 1 of 1955-In separate matters grant of occupancy rights by land Tribunal, upheld by Single Judge-Order quashed by Appellate Bench as Land Tribunal ceased to have jurisdiction and matter remitted to Special Deputy Comrnissioner-On appeal, held: Order of High Court declaring Act of 1979 as void in its entirety not correct-It could have declared only Act 18 of 1955 as ultra vires-Matters disposed of by Deputy Commissioner under Act 1 of 1955 after Act of 1979 declared ultra vires are saved-However, in future land Tribunal would exercise jurisdiction, including matters pending before Deputy Commissioner-Matters remitted back to High Court for disposal on merits-Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954- Mysore (Religious and Charitable) lnams Abolition Act, 1955. Karnataka lnams Abolition (Amendment) Act, 1979 amended some of the provisions of the Mysore (Personal and Miscellaneous) lnams Abolition Act, 1954 (Act of 1955) and Mysore (Religious and Charitable) lnams Abolition Act, 1955 (Act 18 of 1955) and the jurisdiction to determine occupancy rights was conferred on the 'Tribunal' which was earlier conferred on the 'Deputy Commissioner' K filed writ petitions challenging the validity of the Amendment Act of 1979 relating to amendment of Mysore Act 18 of 1955 which dealt with abolition of religious and charitable lnams. The High Court declared the entire Amendment Act of 1979 as ultra vires. Appeals filed before this court were disposed of without going into the question of validity of the Amendment Act and it was left open for consideration in an appropriate case. Hence the Civil Appeal No. 5687 of 1999. With regard to claim of appellants in Civil Appeal No. 5684-5686, for grant of occupancy rights, the Land Tribunal granted the same in their favour. Single Judge of High Court upheld the order. However, in Writ Appeals, the Division Bench of High Court set aside the order of the Land Tribunal and the Single Judge and remitted the matter to the Special Deputy Commissioner for adjudication since the Land Tribunal ceased to have jurisdiction after the Amending Act, 1979 was declared ultra vires by the earlier judgement of High Court. Hence the Civil Appeal No. 5684- 5686. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2005 INSC 238 |
Petitioner | M.b. Ramachandran |
Respondent | Gowramma And Ors. |
SCR | [2005] 3 S.C.R. 964 |
Judgement Date | 2005-04-28 |
Case Number | 5684 |
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