B. Mohammad vs Deputy Commissioner, Dakshina ILR 1999 KAR 634, 1998 (6) KarLJ 30 At this stage, it may be apt to advert to in brief the prior statutory position as regards the right to alienate the granted land. In 1929 by order No. R.2122-81/L.R.368-28-5 dated 12th September, 1929, we find certain concessions being granted to persons belonging to depressed classes. (Depressed class as defined did not include all communities classified as Scheduled Caste/Tribe). The main concession in this behalf is what is contained in regard to subsequent transfers. It stated thus: "With a view to speed up the disposal of darkhasts and to prevent the possibility of interested parties exploiting the ignorant members of the Depressed Classes, the Deputy Commissioner, Chitaldurg District suggested the introduction of the system of granting lands to them on a "restricted tenure" on condition that the grantees should not alienate them without the permission of the Deputy Commissioner, and stated that this system was prevalent in certain parts of the Bombay Presidency. The Revenue Commissioner who was consulted in the matter is not in favour of introducing this innovation. He however states that according to the existing standing orders grants made to Adikarnatakas are subject to the condition that the grantees should not alienate them for a period of 10 years, and that to further safeguard their interests the period may be raised suitably, if need be, upto a maximum limit of 20 years. Government agree with the views of the Revenue Commissioner, and direct that the first proposal be dropped and the period within which the lands should not be alienated be raised from 10 to 20 years". ……………….This concession is seen repeated in the subsequent Government orders as well i.e., issued under Section 233 of the Mysore Land Revenue Code from time to time. Meanwhile, the Mysore Land Revenue Act, 1964 was enacted by the Legislature and in exercise of the powers conferred under Section 197 of the said Act, the Mysore Land Grant Rules, 1968, referred to above, were framed. (A variation was made in relation to the period during which an alienation cannot be made). It did not touch upon any enabling condition, enabling to alienate the land to a member of the Scheduled Caste or Tribe.
Bandyamma vs Assistant Commissioner ILR 1993 KAR 2694 b, 1994 (1) KarLJ 1 "GOVERNMENT ORDER NO.R. 2122-81/LR.368-28-5 dated 12 September, 1929. With a view to speed up the disposal of darkhasts and to prevent the possibility of interested parties exploiting the ignorant members of the Depressed Classes, the Deputy Commissioner, Chitradurg District, suggested the introduction of the system of granting lands to them on a "restricted tenure" on condition that the grantees should not alienate them without the permission of the Deputy Commissioner, and stated that this system was prevalent in certain parts of the Bombay Presidency. The Revenue Commissioner who was consulted in the matter is not in favour of introducing this innovation. He however states that according to the existing standing orders grants made to Adikarnatakas are subject to the condition that the grantees should not alienate them for a period of 10 years, and that to further safeguard their interest the period may be raised suitably, if need be, upto a maximum limit of 20 years. Government agrees with the view of the Revenue Commissioner, and direct that the first proposal be dropped and the period within which the lands should not be alienated be raised from 10 to 20 years."
The Government Order referred to in the said judgment dated 12.9.29 reads as follows:
GOVERNMENT OF HIS HIGHNESS
The Maharaja of Mysore
GENERAL AND REVENUE DEPARTMENTS
G.O NO.R 2122-81/L.R.368-28-5, Bangalore, Dated 12th September 1929. Depressed Classess
Directs that the period within which lands granted on consessional terms should not be alienated or raised from ten to twenty years.
Read
1. Government Order No. R. 4850-8/L.R.261-72-141 dated 29th March 1924 and Government Order No. R. 869-75/ L.R 75-25-2 dated 18th August 1925 passing orders reg the grant of lands to depressed classes at concessional rates and directing that the lands granted should not be alienated by them for a period of 10 years.
2. Letter No. M5-161/27-28 dated 9th January 1928 from the Deputy Commissioner, Chitradurga District suggesting that the lands granted to the depressed classes may be given to them on a "restricted tenure" with the condition that such lands should not be alienated without the permission of the Deputy Commissioner etc. as in some parts of the Bombay Presidency.
3. Letters Nos. C3117/27-28 dated 6th February 1928 and No. C. 4800/28-29 dated 1st January 1929 from the Revenue Commissioner in Mysore furnishing his opinion on the points raised by the Deputy Commissioner, Chitradurga in the correspondence read above.
ORDER NO. R.2122-81/L.R.368-28-5 DATED 12th SEPTEMBER 1929
With a view to speed up the disposal of darkhasts and to prevent the possibility of interested parties exploiting the ignorant members of the Depressed classes, the Dy. Commissioner, Chitradurga Dist. Suggested the introduction of the system of granting lands to them on a "restricted tenure" on condition that the grantees should not alienate them with out the permission of the Dy. Commissioner, and stated that this system was prevalent in certain parts of the Bombay Presidency. The Revenue Commissioner who was consulted in the matter is not in favour of introducing this innovation. He however states according to the existing standing orders grants made to Adikarnatakas are subject to the condition that the grantees should not alienate them for a period of 10 years, and that to further safeguard their interests the period may be raised suitably, if need be, up to a maximum limit of 20 years. Government agree with the views of the Revenue Commissioner, and direct that the first proposal be dropped and the period within which the lands should not be alienated be raised from 10 to 20 years."
B. NARAYANASWAMY IYENGAR
Offg. General Secretary to Government.
SUCH GOVERNMENT ORDERS ARE QUASHED AND NO RULE PERIOD ENSUED AFTER 2004
This rule is quoted in Mariyappa vs Dr. N. Thimmarayappa And Ors. ILR 2004 KAR 3298, 2004 (5) KarLJ 255 And held that On the date of the grant, except this Government order, there was no rule framed by the State Government. If that is so, in the absence of any such rule regulating conditions of grant, it cannot be said that a Government Order could put restriction on alienation of such grant. Further, the restriction that could be imposed restraining alienation has to be authorised by the rules as provided under Section 36 of the Code. In the absence of any such rule framed by the State Government regarding disposal of the Government land, no reliance can be placed on the said Government order. Therefore, in our opinion, the decision referred to above has not laid down the correct proposition of law.
Bandyamma vs Assistant Commissioner ILR 1993 KAR 2694 b, 1994 (1) KarLJ 1 "GOVERNMENT ORDER NO.R. 2122-81/LR.368-28-5 dated 12 September, 1929. With a view to speed up the disposal of darkhasts and to prevent the possibility of interested parties exploiting the ignorant members of the Depressed Classes, the Deputy Commissioner, Chitradurg District, suggested the introduction of the system of granting lands to them on a "restricted tenure" on condition that the grantees should not alienate them without the permission of the Deputy Commissioner, and stated that this system was prevalent in certain parts of the Bombay Presidency. The Revenue Commissioner who was consulted in the matter is not in favour of introducing this innovation. He however states that according to the existing standing orders grants made to Adikarnatakas are subject to the condition that the grantees should not alienate them for a period of 10 years, and that to further safeguard their interest the period may be raised suitably, if need be, upto a maximum limit of 20 years. Government agrees with the view of the Revenue Commissioner, and direct that the first proposal be dropped and the period within which the lands should not be alienated be raised from 10 to 20 years."
The Government Order referred to in the said judgment dated 12.9.29 reads as follows:
GOVERNMENT OF HIS HIGHNESS
The Maharaja of Mysore
GENERAL AND REVENUE DEPARTMENTS
G.O NO.R 2122-81/L.R.368-28-5, Bangalore, Dated 12th September 1929. Depressed Classess
Directs that the period within which lands granted on consessional terms should not be alienated or raised from ten to twenty years.
Read
1. Government Order No. R. 4850-8/L.R.261-72-141 dated 29th March 1924 and Government Order No. R. 869-75/ L.R 75-25-2 dated 18th August 1925 passing orders reg the grant of lands to depressed classes at concessional rates and directing that the lands granted should not be alienated by them for a period of 10 years.
2. Letter No. M5-161/27-28 dated 9th January 1928 from the Deputy Commissioner, Chitradurga District suggesting that the lands granted to the depressed classes may be given to them on a "restricted tenure" with the condition that such lands should not be alienated without the permission of the Deputy Commissioner etc. as in some parts of the Bombay Presidency.
3. Letters Nos. C3117/27-28 dated 6th February 1928 and No. C. 4800/28-29 dated 1st January 1929 from the Revenue Commissioner in Mysore furnishing his opinion on the points raised by the Deputy Commissioner, Chitradurga in the correspondence read above.
ORDER NO. R.2122-81/L.R.368-28-5 DATED 12th SEPTEMBER 1929
With a view to speed up the disposal of darkhasts and to prevent the possibility of interested parties exploiting the ignorant members of the Depressed classes, the Dy. Commissioner, Chitradurga Dist. Suggested the introduction of the system of granting lands to them on a "restricted tenure" on condition that the grantees should not alienate them with out the permission of the Dy. Commissioner, and stated that this system was prevalent in certain parts of the Bombay Presidency. The Revenue Commissioner who was consulted in the matter is not in favour of introducing this innovation. He however states according to the existing standing orders grants made to Adikarnatakas are subject to the condition that the grantees should not alienate them for a period of 10 years, and that to further safeguard their interests the period may be raised suitably, if need be, up to a maximum limit of 20 years. Government agree with the views of the Revenue Commissioner, and direct that the first proposal be dropped and the period within which the lands should not be alienated be raised from 10 to 20 years."
B. NARAYANASWAMY IYENGAR
Offg. General Secretary to Government.
SUCH GOVERNMENT ORDERS ARE QUASHED AND NO RULE PERIOD ENSUED AFTER 2004
This rule is quoted in Mariyappa vs Dr. N. Thimmarayappa And Ors. ILR 2004 KAR 3298, 2004 (5) KarLJ 255 And held that On the date of the grant, except this Government order, there was no rule framed by the State Government. If that is so, in the absence of any such rule regulating conditions of grant, it cannot be said that a Government Order could put restriction on alienation of such grant. Further, the restriction that could be imposed restraining alienation has to be authorised by the rules as provided under Section 36 of the Code. In the absence of any such rule framed by the State Government regarding disposal of the Government land, no reliance can be placed on the said Government order. Therefore, in our opinion, the decision referred to above has not laid down the correct proposition of law.
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