High CourtDivision BenchAppeal disposed of with remand for jurisdiction...

VENKATESHAPPA v. STATE OF KARNATAKA AND ORS.

Case / Petition Number:Civil Appeal No.1867 of 2008
Neutral Citation:[2008] 4 S.C.R. 623

Case Details & Bench

Court
High Court
Hon'ble Judges
  • DR. ARIJIT PASAYAT
  • P. SATHASIVAM
Judgment Date
2008-03-10
Court Decision / Holding
The impugned orders of the learned Single Judge and the Division Bench of the High Court are quashed and the matter is remitted to the learned Single Judge to deal with the issue in accordance with law. The appeal is disposed of with no order as to costs.
Final Disposition
Appeal disposed of with remand for jurisdictional determination by the Single Judge.

Parties to the Case

Appellants / Petitioners

  • VENKATESHAPPA

Respondents

  • State of Karnataka
  • Ors.

Legal Representation & Advocates

Counsels for Petitioners

  • • Shantha Kr. Mahale
  • • Rajesh Mahale

Counsels for Respondents

  • • S.N. Bhat
  • • Sanjay R. Hegde
  • • Vikrant Yadav
  • • Amit Kumar
  • • Arul Varma
  • • K. Sharda Devi

Case Synopsis & Summary

This Supreme Court appeal centers on the interplay between the Karnataka Land Reforms Act, 1961 and the Mysore (Personal and Miscellaneous) Inam Abolition Act, 1954 (as amended by the Karnataka Inams Abolition Laws (Amendment) Act, 1979). The appellant challenges the High Court’s direction to the Land Tribunal to first ascertain whether the lands in question are inam lands and, if so, to forward records to the Special Deputy Commissioner who would adjudicate the case; if not, the Tribunal would proceed with its proceedings. The Land Tribunal did not address this jurisdictional question, and the Single Judge and Division Bench of the High Court also did not analyze it in depth, leading to the appeal before the Supreme Court. The core issue is whether the Land Tribunal had jurisdiction to reopen the proceedings and to refer matters to the Special Deputy Commissioner under the 1954 Act, and whether the orders under the 1954 Act bind the parties not before the proceedings. The Court ultimately quashes the impugned orders and remits the matter to the learned Single Judge to decide the jurisdictional issue in accordance with law, disposing of the appeal with no order as to costs. The judgment underscores the necessity of a clear jurisdictional determination before proceeding with inam-lands determinations under the relevant Acts.

Provisions of Law Cited

Karnataka Land Reforms Act, 1961 (KLR Act)Mysore (Personal and Miscellaneous) Inam Abolition Act, 1954Karnataka Inams Abolition Laws (Amendment) Act, 1979Section 44(1) and Section 44(2) of the Mysore Inam Abolition Act, 1954Section 141 of the Karnataka Land Reforms ActSection 4 of the Karnataka High Court ActKarnataka Land Reforms Act (KLRF Act)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the Land Tribunal’s jurisdiction to determine whether the lands are inam lands, and the subsequent referral to the Special Deputy Commissioner under the Mysore Inam Abolition Act, requires clear statutory footing. The earlier directions by the High Court directed the Tribunal to ascertain inam status and then forward records if applicable; however, the Tribunal failed to address jurisdiction and the impact of Section 44 of the 1954 Act. The appellant argues that the 1954 Act’s provisions bind only parties before the proceedings and that tenancy or vesting consequences under Section 44(1)-(2) must be carefully observed, with the jurisdiction to reopen proceedings being central to the controversy. The appellant relies on cited precedents to challenge the manner of proceedings and urges a proper jurisdictional determination by the appropriate authority before any adjudication on inam status is made.

Contentions of Respondents

The respondents counter that the High Court’s procedural approach did not grant any relief to the appellant, and the factual record does not demonstrate a conclusion to the appellant’s benefit. They contend that the Tribunal’s or the Special Deputy Commissioner’s orders should be regarded in light of the 1954 Act and related amendments, and that the jurisdictional issue arises from the need to determine whether the matter falls within the inam framework or falls under tenancy/vesting provisions. They maintain that the impugned orders were consistent with the statutory scheme and that the matter was properly before the High Court, with the Division Bench affirming the lower court’s approach. They also emphasize that the remedy sought did not manifestly warrant the relief sought by the appellant under the writ petitions.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Muniyellappa v. M. Krishna MurthyAIR 1992 SC 205PositiveThe judgment accepts and relies upon this authority in support of its reasoning.
Rangaiah's case—DistinguishedThe court finds this case wholly inapplicable to the facts and distinguishes it from the present matter.

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Extracted Judgment Text

Exact text extracted from official judgment records.

> _i_ l A -~ .. )" ## [2008~ 4 S.C.R. 623 VENKATESHAPPA _v_ STATE OF KARNATAKA AND ORS. (Civil Appeal No.1867 of 2008) MARCH 10, 2008 B [DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.] ## _Land Reforms:_ _Jurisdiction_ - _Dispute of, in respect of lands in question_ - _High Court disposed of writ petition with direction to Tribunal_[c ] _to ascertain whether lands in question were lnam lands and tf_ so, _to forward records to Special Deputy Commissioner who would decide the_ case _and if lands were not lnam lands then Tribunal to entertain the proceedings_ - _Tribunal did not consider this aspect_ - _Single Judge and Division Bench of_ D _High Court_ a/so _did not analyse the issue_ - _Hence, matter remitted to Single Judge of High Court to deal with issue_ - _Kamataka Land Reforms Act, 1961_ - Mysore _(Personal and Miscellaneous) lnam Abolition Act, 1954_ - _Kamataka lnams Abolition Laws (Amendment) Act, 1979._ E E The dispute relates to applicability of the Karnatalca Land Reforms Act, 1961 in the background of Mysore (Personal and ii/iiscellaneous) lnam Abolition Act, 1954 as amended by the Karnataka lnams Abolition Laws (Amendment)Act, 1979. F The appellant filed writ petition before High Court which was disposed of by the Single Judge with direction that Tribunal would first ascertain whether lands in question are inam lands and if so, to forward records to G Special Deputy Commissioner and if it has jurisdiction to entertain the proceedings then to proceed to do so. Land Tribunal did not consider this aspect and also did not record any finding in respect thereto. On appeal, 623 H \ J ' .. 624 SUPREME COURT REPORTS [2008] 4 S.C.R. A Single Judge of High Court did not deal with the question of jurisdiction of Land Tribunal. The Division Bench of High Court also did not analyze the issue in detail and upheld the view of Single Judge. Hence the present appeal. B > Disposing of the appeal and remitting the matter to the High Court, the Court _.4-_ - HELD : On the earlier occasion, the Single Judge has specifically stated that the question of jurisdiction of the c[Tribunal has ][to ][be dealt ][witli. ][This apparently has ][not ][been ] done by the Land Tribunal and Single Judge and the Division Bench lost sight of these relevant aspects. [Para 9) (627-A] CIVILAPPELLATEJURISDICTION: CivilAppeal No. 1867 D of 2008 From the Judgment and final Order dated 27.5.2004 of the High Court of Karnataka at Bangalore in W.A. No. 935/2004 (LR) E Shantha Kr. Mahale and Rajesh MahalefortheAppellant. S.N. Bhat, Sanjay R. Hegde, Vikrant Yadav, Amit Kumar, Arul Varma and K. Sharda Devi for the Respondents. The Judgment of the Court was delivered by F DR. ARIJIT PASAYAT, J. 1. Leave granted. • _-1_ 2. Challenge in this appeal is to the order of the Division Bench of the of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act. G[Challenge ][in ][the writ appeal was ][to ][the order passed by a ] learned Single Judge. The dispute relates to applicability of the Karnataka Land Reforms Act, 1961 (in short the 'Act') in the background of Mysore (Personal and Miscellaneous) lnam Abolition Act, 1954 (in short 'lnam Act') as amended by the H[Karnataka lnams Abolition Laws (Amendment) Act, ][1979 ][(in ] \ ~ 625 VENKATESHAPPA _v._ STATE OF KARNATAKAAND ORS. [DR. ARIJIT PASAYAT, J.] • )' - .... ## short 'Amendment Act'). A 3. The factual controversy lies in a very narrow compass. AppeHant had filed the writ petition no.32930of1996 which was disposed of by orders dated August 4, 2000 and August 24, 2000. By the latter order the following directions were given: 8 "Even with regard to the question as to whether the lands in question are lnam lands or not, it is impossible for me to form a correct impression because each of the learned Advocates is making a different statement. The Tribunal shall first ascertain whether, the lands in question are[c ] imams lands and if the answer is in the affirmative, then the Trjbunal shall forward the records to the Special Deputy Commissioner who shall give notice to the parties, hear them and decide the case. If however, the Tribunal does have jurisdiction in law to entertain the proceeding insofar D as, if the lands are not inam lands then the Tribunal shall proceed to do so." 4. It is the case of the appellant that the Land Tribunal did not consider this aspect and did not also record any finding and came to an abrupt conclusion as follows: E "The Gattarlahally was the jodi village, after abolition, it is vest to the Government and not a lnam land." 5. Before the learned Single Judge the specific stand relating to the jurisdiction was disposed of with the follow~ng observations: F "After hearing the learned counsel for the parties, I have examined the correctness of the findings and reasons recorded in the impugned order by the Land Tribunal on G the contentious points. In my considered view, none of the contenti.ons urged in this petition warrant interference with the impugned order for the reason that, the order passed by the Special Deputy Commissioner under the Act of 1954 does not bind third respondent as he was not party H J _)_ 626 SUPREME COURT REPORTS [2008] 4 S.C.R. A 8 c D to the proceedings. Further, in view of sub-section (1) of Sec.44 of Act notwithstanding the order of the Special Deputy Commissioner, Act of 1/74 has come into force, it is a tenanted land and therefore it will statutorily vests with the State Government. Thereafter, consequences as enumerated under sub-section (2) of Sec.44 will come into operation. Further, the contention urged that Form No. 7 application is not maintainable as urged above in this petition are wholly untenable in law for the reason that submissions made on behalf of third respondent is well founded in place reliance upon the provisions of KLRF Act and also in view of Muniyellapa vs. 8.M. Krishna Murthy reported in AIR 1992 SC 205 and the same is accepted. Therefore, contention urged on behalf of petitioner in this regard placing reliance upon the decisions of this Court are wholly untenable in law and the same is rejected. Further the reliance placed upon Rangaiah's case is wholly inapplicable to the fact situation and is misconceived. Hence, reliance placed upon the said Judgment are misplaced and the contention in this regard is rejected." E 6. Learned Single Judge only observed that since the respondent was not party to the proceeding, the order passed by the Special Deputy Commissioner under the 1954 Act was of no consequence and even otherwise the consequences as · enumerated in Section 44(2) came into operation. The Division . F Bench did not analyse the issue in detail and upheld the view of the learned Single Judge. 7. The specific ground has been raised in this appeal that question of jurisdiction of the Land Tribunal to reopen a case and decide by the Special Deputy Commissioner for lnams G Abolition has not been dealt with. Reference has been made to Section 141 of the Act. 8. Learned counsel for the respondent submitted that though it has not been specifically dealt with, the factual scenario H clearly shows that no relief has been granted to the appellant. I ) VENKATESHAPPA _v._ STATE OF KARNATAKAAND ORS. [DR. ARIJIT PASAYAT, J.] 627 - _;._ 9. On the earlier occasion, the learned Single Judge has A specifically stated that the question of jurisdiction of the Tribunal has to be dealt with as quoted above. This apparently has not been done by the Land Tribunal, and learned Single Judge and the Division Bench lost sight of these relevant aspects. 10. In the circumstances, the impugned orders of the B learned Single Judge and the Division Bench of the High Court are quashed and the matter is remitted to the learned Single Judge to deal with the issue in accordance with law. · 11. The appeal is disposed of with no order as to costs. c D.G. Appeal disposed of . ...