2002 AIR Kant HCR 3060 ::2003 A I H C 5

Karnataka High Court

Hon'ble Judge(s): N. K. Patil , J

(A) Karnataka Land Revenue Act (12 of 1964) , S.9— Karnataka Land Grant Rules (1969) , R.25— Land grant - Cancellation of, on ground of alienations - Validity - Grant made by Tahsildar - Grant was not free of cost but for an upset price and as such period of non-alienations was 10 years - Cancellation of by Deputy Commissioner that too after expiry of 16 years - Is invalid Moreso when the order was passed without considering inconvenience caused to alinees. Rule 7 of the Karnataka Land Grant Rules 1969, confers power on the Revenue Officers to grant the lands. Rule 25 of the Rules provides for cancellation of grant. The said Rule provides that any grant of land made under these Rules is liable to be cancelled and resumed by the authority which has granted it. Therefore, in the instant case, as the Tahsildar has granted the land only he could have concelled the grant and not the Deputy Commissioner. Since the land was not granted for free of cost, but for an upset price, the non-alienation period of only for 10 years and not 15 years. In the instant case, after a lapse of more than 16 years, the Deputy Commissioner has initiated proceedings for cancellation of the grant. The said proceedings initiated by the Deputy Commissioner is one without jurisdiction because since more than 16 years, the respondent are in possession of the land in question uninterruptedl....