TaxTMI 
TaxTMI 
2019 (8) TMI 1935
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....ate of Karnataka free from all encumbrances under Section 1(4) of the Inams Abolition Act. However, certain class of persons were entitled to apply for occupancy rights including the class of permanent tenants and thereby obtain ownership of lands upon payment of specified premium to the Government. It is in pursuance to these provisions that Smt. Gundamma and Smt. Siddamma filed two applications for grant of occupancy rights under Section 5 of the Inams Abolition Act. 2. Before this aspect stood concluded, on 17.7.1961, late Papaiah purchased the land in Sy. No. 77 measuring 37½ guntas from Smt. Gundamma and her son Sri Ramaiah. The father of the private respondents, one Nanjusa purchased this land from late Papaiah. The remaining extent of 03 acres and 11 guntas of land in Sy.No.77 was also purchased directly by the father of the private respondents. 3. It was only on 4.8.1962 that the Special Deputy Commissioner for Inams Abolition passed the order on the applications filed by Smt. Gundamma and Smt. Siddamma registering them as occupants khatedar under Section 10 of the Inams Abolition Act. The rights were, thus, perfected and they being already in possession o....
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....The provisions of the Act make this position clear, as Sections 4 and 5 become applicable only when granted lands are transferred in breach of the condition relating to prohibition on transfer of such granted lands. Granted lands transferred before the commencement of the Act and not in contravention of prohibition on transfer are clearly beyond the scope and purview of the present Act. Also in case where granted lands had been transferred before the commencement of the Act in violation of the condition regarding prohibition on such transfer and the transferee who had initially acquired only a voidable title in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with law before the commencement of the Act, such granted lands would also not come within the purview of the present Act, as the title of such transferees to the granted lands has been perfected before the commencement of the Act. Since at the date of the commencement of the Act the title of such transferees had ceased to be voidable by reason of acquisition of prescriptive rights on account of long and continued user for the requisite perio....
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....Lands Act, 1950 at any time or such power is to be exercised within a reasonable time." ... ... ... ... "19. It is also necessary to note that the suo motu power was sought to be exercised by the Joint Collector after 13-15 years. Section 50-B was amended in the year 1979 by adding sub-section (4), but no action was taken to invalidate the certificates in exercise of the suo motu power till 1989. There is no convincing explanation as to why the authorities waited for such a long time. It appears that sub-section (4) was added so as to take action where alienations or transfers were made to defeat the provisions of the Land Ceiling Act. The Land Ceiling Act having come into force on 1-1-1975, the authorities should have made inquiries and efforts so as to exercise the suo motu power within reasonable time. The action of the Joint Collector in exercising suo motu power after several years and not within reasonable per;iod and passing orders cancelling validation certificates given by the Tahsildar, as rightly held by the High Court, could not be sustained." The ratio, thus, is that such suo moto powers have to be exercised within a reasonable period of time....
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....efore the High Court which was also dismissed on 19.03.2004 albeit on the ground of delay. 10. The appellant before us, as a legal heir of the original beneficiaries being Smt. Gundamma and Smt. Siddamma, sought directions from the deputy Commissioner to enquire about the violation of the provisions of the SC & ST Act. This application was filed by the appellant on 13.10.2009. Thus, this is the first time that the appellant has sought to claim exercise of rights under the SC & ST Act. 11. On enquiry, the Assistant Commissioner, vide order dated 09.09.2010 opined in his favour. The challenge laid by the private respondent Nos. 4 to 9 also did not succeed. It was deemed appropriate to take recourse to a remedy of appeal. The appeal was thereafter dismissed by the Deputy Commissioner on 8.10.2010 and once again a writ petition was filed by them before the High Court but vide order dated 16.8.2011, the learned Single Judge dismissed the writ petition. It is thereafter that the private respondents fate took a turn for the better when they succeed in the writ appeal in terms of order dated 5.7.2013. The appellant has, thus, filed the present appeal. 12. There are number of ....