2007 (3) AIR Kar R 71

Karnataka High Court

Hon'ble Judge(s): V. Gopala Gowda, H. Billappa , JJ

( A ) Karnataka Land Reforms Act (10 of 1962) S. 67 (3) — Karnataka Land Grant Rules (1969), Rr. 20, 38 — Karnataka (Personal and Miscellaneous) Inams Abolition Act (1 of 1955), Ss. 9, 10 — Vesting of Inam lands with Govt. — Inamdars entitled to be registered as Occupants of Inam lands — Application filed by inamdars to register them as occupants pending before Tribunal — During pendency of same, Land Granting Authority granted same lands in favour of Co-operative Society for formation of residential layouts under Land Grant Rules, 1969 — Sanction order passed by Govt. under Land Grant Rules, 1969 ignoring rights of inamdars, is illegal and invalid — Sanction order is also ab initio void u/S. 67(3) of KLRF Act as co-operative society is not an agriculturist. (Paras2930)

( B ) Karnataka (Personal and Miscellaneous) Inams Abolition Act (1 of 1955) S. 9 , 10 — Conferment of occupancy rights on Inamdar — State Government has retained its statutory power u/S. 10 for grant of occupancy rights in favour of the inamdars even after vesting of land in Govt. — Grant of land in favour of Inamdar by Tribunal — Not invalid for want of directions by Tribunal for payment of premium — Procedural lapse on the part of the land Tribunal shall not supersede the legal rights of the inamdars. (Paras36)

( C ) Karnataka (Personal and Miscellaneous) Inams Abolition Act (1 of 1955) S. 10 Contract Act (9 of 1872 ), S. 23, Evidence Act (1 of 1872), S. 115 — Conferment of occupancy rights on Inamdar — Application pending consideration before Tribunal — Inamdar has no right to enter into Karaar (agreement) in respect of said lands as lands stood vested in Govt. and Inamdars were not owners of land — That apart Karaar is an unregd. document in respect of immovable property, cannot be relied upon — Karaar also contrary to statutory rights conferred upon inamdars upon lands in question u/S. 9 — Opposed to public policy, is void ab initio and unenforceable — Karaar does not operate as promissory estoppel — Inamdars cannot be said to have waived of their rights upon lands in question by entering into such a karaar. (Paras383940)

( D ) Karnataka (Personal and Miscellaneous) Inams Abolition Act (1 of 1955) S. 9 , 10 Karnataka Land Grant Rules 1969, R. 38 — Grant of land for formation of residential layout to co-operative society — Word “Subject to” used in sanction and grant order under KLR Rules — Is ‘subservient’ to order passed by Tribunal or pending application of inamdars of very same lands for conferment of occupancy right — Land Tribunal conferred occupancy rights in favour of the inamdars in respect of the lands in question — Sanction order and grant order rendered non est — Cancellation of sanction order and restoration of lands to Inamdars — Not vitiated on account of abuse of power or manifest unreasonableness.