R. RUDRAIAH AND ANR. versus STATE OF KARNATAKA AND ORS.

R. RUDRAIAH AND ANR. versus STATE OF KARNATAKA AND ORS.

The application for grant of occupancy rights filed after 30.6.1979 is barred by the statutory limitation as per Section 48-A of Karnataka Land Reforms Act, 1961. The provision for condonation of delay was intentionally deleted by amendment, indicating a clear legislative intent to exclude any liberal or alternative...

Source-derived case information.

Parties
Appellant: R. Rudraiah; Appellant: B. Veeranna; Respondent: State of Karnataka; Respondent: Lakshmi Narasappa; Respondent: Kittamma; Respondent: S.N. Prahlada Rao
Jurisdiction
India
Judgment Date
04 February 1998
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeals dismissed
Legal Topics
Limitation, Occupancy Rights, Village Office Abolition, Statutory Interpretation
Land Law Limitation Occupancy Rights Village Office Abolition Statutory Interpretation

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Parties

R. Rudraiah

Appellant

B. Veeranna

Appellant

State of Karnataka

Respondent

Lakshmi Narasappa

Respondent

Kittamma

Respondent

S.N. Prahlada Rao

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether application for grant of occupancy rights under Section 45 of Karnataka Land Reforms Act, 1961 filed after 30.6.1979 is time barred.
  2. 2 Whether period of limitation under Section 48-A is capable of liberal interpretation or extension due to regrant proceedings under Village Offices Abolition Act, 1961.
  3. 3 Whether lands resumed under Section 4(3) of Village Offices Abolition Act, 1961 become 'government lands' and are exempt from the Land Reforms Act.

Ratio Decidendi

The application for grant of occupancy rights filed after 30.6.1979 is barred by the statutory limitation as per Section 48-A of Karnataka Land Reforms Act, 1961. The provision for condonation of delay was intentionally deleted by amendment, indicating a clear legislative intent to exclude any liberal or alternative interpretation. Lands resumed under Section 4(3) of Village Offices Abolition Act do not become 'government lands' and are not exempt from the operation of the Act; Section 45 and 48-A apply. Period of limitation does not get extended by pending regrant proceedings or by Section 126.

Court Disposition

appeals dismissed

Orders

  • Application for occupancy rights filed on 7.3.1984 is time barred and stands dismissed.
  • No order as to costs.