High CourtsDIVISION BENCH(2017) 07 KAR CK 0120

SHRI M SRINIVAS MAJOR S/O SHRI MUNIKRISHNA, & ANR. vs THE DEPUTY COMMISSIONER, & ORS.

Karnataka High Court · Decided on 28 July 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
4332-4333 of 2016 (SC-ST)

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Judgment

11 paragraphs · 242 words
1.

The writ appeals are barred by limitation. There is a delay of 23 days.

2.

These writ appeals arise out of the proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

3.

The proceedings under the said Act was initiated on the presumption that the land was granted to the grandfather of the applicants, namely, Miya, with permanent non-alienation clause. Therefore, it was alleged that all successive transfers were illegal.

4.

There was an enquiry conducted by the authorities. The applicants could not establish that the grant was ever made in favour of their grandfather, namely, Miya, insofar as the land in question.

5.

We requested the learned advocate appearing for the State to produce the original grant certificate.

6.

Mr.V.Sreenidhi, learned additional government advocate, appears and submits that the original certificate is not available.

7.

Mr.D.N.Nanjunda Reddy, learned Senior Advocate appearing for the appellants, draws our attention to the revenue settlement entry, where there has been some reference of grant.

8.

The revenue settlement record is not a document of title and it has, only, a presumptive value of possession.

9.

Therefore, when the Hon''ble Single Judge came to the conclusion that this has not been a grant land, we hold that there is no scope for interference.

10.

The application for condonation of delay stands dismissed. Consequently, the writ appeals stand dismissed.

11.

There will be no order as to costs.