Shri. Pattegar Parasuram S/O Late Arjun Sa… — Writ and Judicial Review | Karnataka HC (2025)

Shri. Pattegar Parasuram S/O Late Arjun Sa… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ Petition No.100390/2024 allowed and the petitioner's name restored in the property records of Sy.No.307/D measuring 4 acres 6 guntas and Sy.No.307/F measuring 18 cents in Hagaribommanahalli village, Taluk: Hagaribommanahalli, Vijayanagara District; Writ Petition No.103036/2024 dismissed; the impugned order dated 31.10.2023 (Sam.Kam.Appeal/158/2022-2023, Deputy Commissioner) and the impugned order dated 07.09.2022 (Vile.Sum.Cum.Pahani/Appeal/211/2021-2022, Assistant Commissioner) both quashed.

Issue for consideration

Whether the legal representatives of the original grantee can claim resumption of the granted lands where all sale transactions between 1960 and 1963 breached the grant's non-alienation clause (of 10 to 15 years) but occurred before the commencement of Act, 1978 — i.e., whether the pre-Act transferees acquired title. +1 more

Court's answer

As the alienations admittedly took place before the commencement of Act, 1978, there is no violation of the provisions of that Act, and consequently the legal representatives of the original grantee cannot make a claim for resumption of the lands.

Ratio / Principle

The State, having not objected to the alienations made in contravention of the terms of the grant, is estopped from claiming the property after lapse of 42 years.

Key takeaways

On these findings, Writ Petition No.100390/2024 has to be allowed and the petitioner's name restored in the property records.ratio¶¶93
Writ Petition No.103036/2024 filed by the legal representatives of the original grantee is to be dismissed.ratio¶¶94

Detailed headnote1 paragraphs

W.P. Nos. 103036 and 100390 of 2024 (KLR-RES) (cross-petitions), High Court of Karnataka, Dharwad Bench (Anant Ramanath Hegde, J.), decided 10-11-2025 — Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 — resumption of granted land — Sy.No.307/D (4 acres 6 guntas) and Sy.No.307/F (18 cents), Hagaribommanahalli taluk, Vijayanagara District, granted to Sri Nayakar Hanumantappa carrying a non-alienation clause of 10 to 15 years (one counsel placed the grant order at 21.06.1986; counsel in the connected petition asserted grant of 1955 with Form No.D of 1960) — grantee transferred the land in 1960 and, through successive sales, Subadra Bai purchased both parcels on 19.12.1963 and possessed them till her death on 15.12.2009; after her death the grantee's legal representatives challenged the mutation; the Assistant Commissioner (order dated 07.09.2022) restored the land to the grantee's legal representatives; the Deputy Commissioner (order dated 31.10.2023 in Sam.Kam.Appeal/158/2022-23) allowed that appeal in part — Held: (i) the alienations admittedly preceded the commencement of Act, 1978, so there is no violation of that Act and the grantee's legal representatives cannot claim resumption; (ii) the State, having taken no action from 1960 to 2022 against the alienations contravening the terms of the grant, is estopped from claiming the property after 42 years — Result: W.P. No.100390/2024 allowed and the purchaser-side petitioner's name restored in the property records of Sy.Nos. 307/D and 307/F; W.P. No.103036/2024 dismissed; both impugned orders quashed.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 31.10.2023 passed by respondent No.2-Deputy Commissioner, Vijayanagar in Sam.Kam.Appeal/158/2022-23, whereby the Deputy Commissioner allowed the appeal in part and set aside the Assistant Commissioner's order insofar as it directed restoration of the property in favour of the legal representatives of the original grantee; assailed in both writ petitions and quashed by this Court.¶¶58
Deputy Commissioner, Vijayanagar District · 31.10.2023
Prior proceeding
Learned counsel for the petitioners submitted that the land was granted to Sri Nayakar Hanumantappa in terms of the order dated 21.06.1986, produced at Annexure-A.¶¶61
Prior proceeding
Counsel for W.P.No.100390/2024 urged that the original grant was in the year 1955 and Form No.D was issued in 1960, with a clause prohibiting alienation for 10 to 15 years.¶¶78
Prior proceeding
Sy.No.307/D measuring 4 acres 6 guntas and Sy.No.307/F measuring 18 cents were granted to Sri. Nayakar Hanumantappa, and Form No.D was issued by the Jurisdictional Tahsildar in favour of the grantee.¶¶64
Prior proceeding
Chain of alienations in breach of the non-alienation clause: grantee sold Sy.No.307D and 307F to Patil Doddabasavana Gowda under registered sale deed dated 28.10.1960; thereafter to Arjun Sa Katwa; and on 03.10.1963 Arjun Sa Katwa sold the properties to Hakim Sab son Nadaf Budne Sahab.¶¶65
Prior proceeding
Subadra Bai (mother of the W.P.100390 petitioner) purchased Sy.No.307F (18 cents) and Sy.No.307D (4 acres 6 guntas) from Hakim Sab under registered sale deed dated 19.12.1963; she died on 15.12.2009, her name was entered in the property records, and the petitioner later gifted the properties to his wife under gift deed dated 18.11.2021.¶¶66
Prior proceeding
After the demise of Subadra Bai, respondents No.5 to 7 (legal representatives of the original grantee) challenged the mutation in the name of the petitioners recorded after her death; the Assistant Commissioner accepted the plea and ordered restoration of the property in favour of the legal representatives of the original grantee.¶¶71
Prior proceeding
By order dated 07.09.2022 (No.A.Vile.Sum.Cum.Pahani/Appeal/211/2021-2022), respondent No.3-Assistant Commissioner restored the land in favour of the original grantee Sri Nayakar Hanumantappa and directed the Tahsildar to change the property records and enter the names of the grantee's legal representatives; this order was assailed in W.P.No.100390/2024.¶¶60