State of Karnataka Vs Saphia — Karnataka HC (2026) — LawSathi Research

State of Karnataka Vs Saphia — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None to the State appellants; the Writ Court's order dated 11.09.2024 setting aside the 25-year non-alienation condition stands. Pending interlocutory applications, if any, stand disposed of.

Issue for consideration

Whether the State and its instrumentalities could impose, in the permanent grant/grant certificate issued after the grantee had acquired permanent ownership on payment, a fresh condition of non-alienation for 25 years (with related use restrictions).

Court's answer

The question regarding the power to impose a condition of non-alienation for a further period of 25 years is no more res-integra, being settled by several judgments of this Court, one such recent judgment being W.A.No.1801/2024.

Ratio / Principle

Adopting the coordinate Bench's reasoning in W.A.No.1801/2024 (paragraphs 11 to 13): once the grantee has opted to become permanent owner on payment of the determined value, imposition of a non-alienation condition for a further period of 25 years is not only against the grant condition but also against Rule 23(1) of the Karnataka Land Grant Rules, 1969.

Key takeaways

There is no infirmity in the order passed by the Writ Court; the Writ Appeal is devoid of merits and is accordingly dismissed.ratio¶¶73

Detailed headnote1 paragraphs

Writ Appeal (KLR-LG) by the State of Karnataka, the Deputy Commissioner, Dakshina Kannada, and the Tahsildar, Bantwal Taluk, against the order dated 11.09.2024 in W.P.No.14418/2024, whereby the Single Judge, following W.P.No.27790/2016, had struck down Clause-4 of the Grant Certificate dated 10.06.2022 imposing a 25-year non-alienation condition on land permanently granted to the respondent under the South Kanara District Lease of Lands for Cashew Cultivation Rules, 1957 pursuant to the earlier order in W.P.No.30535/2015 (the State's W.A.No.1270/2019 having been dismissed as abated). Held (per T.M.Nadaf, J.; D K Singh, J., concurring): the power to impose a further non-alienation condition of 25 years is no more res-integra, the coordinate Bench in W.A.No.1801/2024 having held such a clause to be contrary to the grant condition and to Rule 23(1) of the Karnataka Land Grant Rules, 1969; no infirmity in the Writ Court's order. Writ Appeal dismissed.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.09.2024 of the learned Single Judge (Writ Court) in W.P.No.14418/2024 (KLR-LG), allowing the writ petition in terms of the order in W.P.No.27790/2016 and setting aside Clause-4 (condition of non-alienation for 25 years) imposed by the Deputy Commissioner.¶¶20
High Court of Karnataka (Single Judge / Writ Court) · 11.09.2024
Prior proceeding
By order dated 31.01.1959 (Annexure-A), Sy.No.89/1A4 measuring 04 Acres 36 Cents and Sy.No.64/1A1 measuring 26 Cents at Kadabettu Village, Bantwal Taluk were granted temporarily under the South Kanara District Lease of Lands for Cashew Cultivation Rules, 1957 for cashew cultivation; 30-year lease with renewal option and option to acquire permanent ownership on payment of the value fixed at the time of grant.¶¶34
Prior proceeding
After expiry of the 30-year term, the original grantee (father of the respondent) sought permanent grant but no orders were passed; after his death the respondent, as legal heir, renewed the request, and the Deputy Commissioner rejected it by Endorsement dated 18.04.2015, which was challenged in W.P.No.30535/2015.¶¶42
Prior proceeding
W.P.No.30535/2015 was allowed by order dated 13.07.2017, directing the second respondent to collect the price at 300 times the land revenue payable per acre prevailing on the date of grant and to issue the grant certificate in a time-bound manner.¶¶42
Prior proceeding
The State unsuccessfully challenged the 13.07.2017 order in W.A.No.1270/2019; the appeal was dismissed as abated, no steps were taken, and the Writ Court's order attained finality.¶¶43
Prior proceeding
In compliance with the Writ Court's order, the Deputy Commissioner passed a Grant Order imposing a condition of non-alienation for 25 years and restricting use to growing cashew plants.¶¶48
Prior proceeding
The Tahsildar issued the Grant Certificate by order dated 10.06.2022, imposing condition No.7 (non-alienation for 25 years) and condition No.2 at Page No.2 (no non-agricultural use for 2 years).¶¶48
Prior proceeding
Clause-4, i.e., the condition of non-alienation imposed by the Deputy Commissioner, was the subject matter of the writ petition (W.P.No.14418/2024) before the Writ Court.¶¶49