ALWAYS THE LAW & RULES PREVAIL AND NOT THE EXECUTIVE ACTS, WHEN THERE IS A CONFLICT

Smt. Jayamma W/o Siddegowda Vs. The Assistant Commissioner, Date of Judgement: 13/01/2010 Mandya Hon’ble Justice: Manjula Chellur and A.N. Venugopala Gowda, JJ. Writ Appeal No. 2860/2009 SOURCE: KARNATAKA HIGH COURT WEBSITE “From the record it is clear that, the grant was made in favour of the father of 4th respondent, who was a member of the Scheduled Caste. The grant was free of consideration. Rule 43(8) of the Land Grant Rules stipulate that the grant made free of consideration was net alienable for a period of 20 years from the date of grant i.e., in respect of the grants made between 04 08.1953 to 05.07.1955. The grant in favour of the 4th respondent has been made on 25.05.1955 and hence the non-alienation period in terms of the Rules is 20 years. Always the law/rules prevail and not the executive acts, when there is a conflict.”