SIDDEGOWDA versus ASSISTANT COMMISSIONER AND ORS .

SIDDEGOWDA versus ASSISTANT COMMISSIONER AND ORS .

The upset price fixed for the grant to Gungaiah was not equivalent to the market value of the land, and the grant was subject to the Land Revenue Code and its Rules. Therefore, prohibition under Rule 43-G on alienation applied. The assignment to the appellant was in contravention of Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

Parties
Appellant: Siddegowda; Respondents: Assistant Commissioner and Ors.; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
13 February 2003
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal dismissed.
Legal Topics
Land Grant, Alienation of Assigned Land, Prohibition of Transfer, Scheduled Castes and Scheduled Tribes
Property Law Administrative Law Land Grant Alienation of Assigned Land Prohibition of Transfer Scheduled Castes and Scheduled Tribes

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Parties

Siddegowda

Appellant

Assistant Commissioner and Ors.

Respondents

State of Karnataka

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the prohibition on alienation under Rule 43-G applies to the grant to Gungaiah.
  2. 2 Whether the upset price paid was equivalent to market value, thereby exempting the land from Rule 43-G.

Ratio Decidendi

The upset price fixed for the grant to Gungaiah was not equivalent to the market value of the land, and the grant was subject to the Land Revenue Code and its Rules. Therefore, prohibition under Rule 43-G on alienation applied. The assignment to the appellant was in contravention of Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

Court Disposition

Appeal dismissed.

Orders

  • Appellant may apply to the Assistant Commissioner for compensation for improvements; such application shall be disposed of in accordance with law.