K.B. Udde Gowda vs State of Karnataka and Another

In this writ petition under Article 226 of the Constitution of India, the petitioner has sought for quashing condition No. 8, found in the certificate

of grant-Annexure-C on more than one ground. The petitioner is a permanent resident of Kudoorahalli village, Anoor Post, Chickmagalore Taluk,

Chickmagalore District and is an agriculturist. In the neighbouring village called Kotevoor village, there were certain lands belonging to the

Government available for cultivation. On an application made by the petitioner, three acres of land in Sy. No. 123 of Kotevoor village came to be

granted by the second respondent-Tahsildar. As per Annexure-A, the saguvali chit came to be issued by the Tahsildar on 15th November, 1962.

The grant of land is in accordance with the provisions of the Karnataka Land Grant Rules subject to certain conditions. One such condition was

that the grantee shall not alienate the granted land for a period of 15 years from the date of grant. This is a common condition imposed against the

grantees in all most all the cases. Secondly, there was one more condition imposed in this case, because the land has potentiality of raising coffee

plantation, that the grantee shall obtain a permission from the Coffee Board/within a period of 15 years to raise coffee on the land in question. The

other conditions are general conditions that are imposed in a case like this.

It is the definite case of the petitioner that eversince the grant of land culminating in the issuance of saguvali chit-Annexure-A on 15-11-1962, he

has been in cultivation and enjoyment of the land.

Pursuant to second condition, the petitioner obtained permission from the Coffee Board and thereafter the Tahsildar issued one more saguvali

chit-Annexure-C in the form of confirmation of grant, with a condition not to alienate land for a period of 15 years.

The legal contention urged by Sri Ramesh, learned counsel for the petitioner is that the Tahsildar has no jurisdiction to impose such condition as

is impugned herein, once the petitioner was put in possession of the land under the saguvali chit, Annexure-A, with certain conditions and the said

condition were complied with. To say so, Sri Ramesh placed reliance upon the decision of this Court in Dr. K.P. Raghunath v Tahsildar,

Chickmagalore, 1991(1) Kar. LJ. 48.

I perused the Judgment in the above case. This is what has been held therein.

The real question for consideration is on what date the darakastdar took possession of the land. I am of the opinion that the provisional saguvali

chit issued in Form-1, Schedule-E is self explanatory. According to the recitals found in the provisional saguvali chit, it is manifestly clear that the

2nd petitioner was put in possession of the land on 5-5-1964 and he was required to obtain a licence from the Coffee Board within a period of 5

years in order to be eligible to obtain a permanent saguvali chit. The question whether under Annexure-B lease was granted or whether a

temporary grant of land was made is not of much relevance. What is relevant is the factum of possession. It is certainly not permissible to apply the

date of grant of the permanent saguvali chit for the purpose of determining whether land had been alienated within a period of 15 years

commencing from the date of the permanent saguvali chit. The premise on which the authority has proceeded is a result of misdirection and hence

the order under Annexures-F and C are misconceived"".

In the instant case, admittedly, provisional saguvali chit was issued as per Annexure-A under which the petitioner was put in possession of the

land. Pursuant to the direction contained therein, he also obtained permission from the Coffee Board within the stipulated time. Thereafter,

permanent saguvali chit as per Annexure-C containing the impugned stipulation that the petitioner shall not alienate the land for a period of 15 years

has been issued. That cannot be in view of the ruling of this Court in the aforesaid case.

Following the said ruling, this writ petition is allowed and the impugned condition as imposed in para 8 of the saguvali chit-Annexure-C, is quashed.

No costs.

Sri Thimmegowda, learned Government Pleader appearing for respondents 1 and 2 is permitted to file memo of appearance within 2 weeks.

It is now brought to my notice by certain members of the bar that the approach of the District Revenue Officers of the Districts particularly in

Chickmagalore is very peculiar and hence it has given rise to this kind of unwanted trouble. Therefore, the submission is that a copy of this order

may be sent to the revenue authorities in Chickmagalore for proper guidance.

Let a copy of this order be sent to the Deputy Commissioner, Chickmagalore, Assistant Commissioner and Tahsildar, Chickmagalore.