IN TI ‘HE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JULY, 2010 PRESENT THE HON'BLE MR.JUSTICE K.L.MANJUNATH AND THE HON'BLE MR. JUSTICI W.P.No.10496/2003 C/w W.P.NO.23: IN W.P.No 10496 OF 2003: BETWEEN 1 (By BHEMANNA S/O THIMMADASAPPA A/A 60 YEARS R/O RANGANAHALL DHARMAPUR! HCBLI HIRIYUR TQ., CHIFRADURGA DISTRICT .. PETITIONER Sri: MR RAJAGOPAL,ADV. ) AND : 1 (By DEPUTY COMMISSIONER CHiTRADUBGA DISTRICT ASST COMMISSIONER, CHITRADURGA SUB DIVISION CHITRADURGA 1AKSHMAMMA W/O KHADARAPPA, MAJOR R/O HOSADARU VILLAGE SIRA TALUKA, TUMKUR DISTRICT KARIYAMMA W/O RANGAPPA MAJOR, YARADAKATTE VILLAGE HIRIYUR TQ, CHITRADURGA DISTRICT RESPONDENTS Sri: GP FOR RI & 2)W. P. NO.10496/96 IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: - QUASH THE ORDER PASSED BY R-2 DT.31-5-2001 VIDE ANN.C AND ALSO THE ORDER OF R-1 DT.21-8-2002 VIDE ANN.D. IN_W.P. No 23239 OF 200: BETWEEN 1 KHNAGARAJU S/O K M HANUMANTHARAYAPPA AGED ABOUT 37 YEARS R/O NO.2058, 2ND WARD DEVARAJANAGAR DODDABALLAPUR 2 KH VENKATARAJU S/O K.M.HANUMANTHARAYAPPA, AGED ABOUT 35 YEARS R/O N&.2058. 2ND WARD DEVARAJANAGAR, DODDABALLAPUR .. PETITIONERS: (By Sri: T VENUGOPAL ,ADV. ) AND . 1 NARAYANAMMA W/O LATE DADAPPA MAJOR 2 KADIRIGA S/O SATTIGA MAJOR 3 SATTIGA SINCE DECEASED BY L RS (a) MUNTYAMMA W/O SATTIGA MAJORMINOR REP BY MOTHER MUNIYAMMA (c) ANJULA D/O SATTIGA MINOR REP BY MOTHER MUNIYAMMA (ad) GAYATHRI D/O SATTIGA MINOR REP BY MOTHER MUNIYAMMA (e) SUDHA D/O SATTIGA MINOR REP BY MOTKEF. MUNIYAMMA, ALL ARE R/O VADDARAHALLI VILLAGE DODDABALLAPUR TALUK BANGALCRE THE ISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION VISVESHWARAIAH TOWERS BANGALORE THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT VISVESHWARAIAH TOWERS BANGALORE . RESPONDENTS (By Sri: GAFORR4 &5 WP NO.23239/03 IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING - QUASH VIDE ANN-M DT.29.4.2002 BY R4 AND ANN-N DT. 24.4.2003 BY RS. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, MANJUNATH J. MADE THE FOLLOWING: ey 64 ORDER ‘These two Writ Petitions are referred to the Bench by the Learned Single Judge, in order to give a finding by the Bench as to whether the land which. has beer granted to a person belonging to SC & ST community as provided u/s 3()(b) of the Karnataka Scheduled Ca & Scheduled Tribes (PTCL) Act, 1978, continues to retain its character as granted land, even after the expiry of the period during which the grant is subject to condition of non-alienation. The learned counsel eppearing for both the parties submit that tie question now referred to by this Bench by a Learned Single Judge is no more res-integra. It would be useful for us to refer to the definition of a granted land as defined under sec.3(1)(b) of the Act, which rcads as hereunder: ranted land” means any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offffices or rights and the word “Granted” shall be construed accordingly.’From the above definition clause, it is clear that any land granted by the Government to a Scheduled Caste or Scheduled Tribe person under a relevant iaw for the time being in force relating to Land Reforrns and Land Ceilings or Abolition of Inams, has to be treated as granted land only. Section 4 of the Act reads as hereunder: “4, Prohibition of trausfer of granted lands.- (1) Notwithstanding anything in any law, agreement. contract or instrument, any transfer of granted iand made either before or after the commencement of this Act, in contravention of the terme ef the grant of such land or the law providing tor such grant, or sub-section (2) shall be null and void and no right, title or interest in such Jand shali be conveyed or be deemed ever to have conveyed by such transfer. (2) Nu persox shall, after the commencement of this Act, transfer or acquire by transfer any granted iand without the previous permission of the Government. (3; The provisions of sub-sections (1) and (2) shall apply aiso to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority. As per sub-section (1) of Section 4 of the Act, transfer of granted land made in contravention of the terms of the grant of such land or the law providing for such grant whether the transfer is before or after the eycommencement of the Act, shall be null and void and no right will be conveyed by such transfer. As per sub-section (2) of Section 4 of the Aci, ihere is prohibition for transferring or acquiring any tight by. transfer of any granted land without the previo permission of the Government. A conjoint reading of sub-sections (1) & (2) of Section 4 of the Act shows that if the transfer of granted land is made in violation of the terms of the grant of such land or the law providing for such grant whether such tcansfer is before or after the Act came into force, the same is rendered rill and void. Whereas, in the case of transfer of land after the commencement of the Act ¢ though the said transfer is not in contravention of the terms of the grant or the law providing for such grant, the same is rendered null and void. It is thus clear that the intention of the legislature is that, after the commencement of the Act there shall be prohibition for transfer of granted land even though the period of non-alienation had expired and the granteeay was otherwise entitled to transfer. It is therefore clear that the term ‘granted land’ as defined under Section 3(1)(b) of the Act cannot be given a restricted meaning to say that the land losses the characteristic of a granted land after the expiry of non-alienation period It is well established principle of interpretation of statutes, that legislative intention or the true or legal meaning of an enactment is derived by considering the meaning of the words used in the enactment in the light of any discernable purpese or object which comprehends the mischief and provides remedy. In ordinary the language employed is the determining. factor. for gathering the intention of the legislature. Therefore, the intention of the legislature must be found in the words used by the legislature itself. In thie instant case, the definition of granted land under Section 3(1)(b) does not contain any ambiguity. It means, land granted by the Government to any of the Scheduled Castes or Scheduled Tribes and includes land allotted or granted to such person under the law relating to agrarian reforms or land ceilings or abolition &of inams. There is absolutely no room to infer that such granted land will enjoy the characteristic of granted land as per the definition, only till the non-alienatior: period or the conditions imposed with regard to the same at the time of grant are ir: foree. Any attempt to read into the definition such a requirement will tantamount to super adding a cordition into the If that was the definition of the term granted ian intention. the legislature would have made it clear while enacting the definition clause of ‘granted land’ stating that it would remain granted land only during the non-alienation period and not thereafter. The language of the statute has to be read as it is. Addition of words is permissible only when it appears to the Court tiat such words have been accidentally omitted or if such ‘addition is not resorted to, the existing provisicn or some of the words used therein will be rerlered meaningless. In other words, a departure from the rule of literal construction may be legitimate in order to avoid any part of the statute becoming meaningless or in order to give effect to the intention of the legislature which is apparent from the Act read as a &whole, In the instant case, by looking at the definition of ‘granted land’, there is no such difficulty or ambiguity in understanding the true meaning of the term ‘g land’ nor is there any accidental omission of any word: which are required to be read in. {tis not shown te us by the learned counsel that unless such addition is made to the definition of tie term ‘granted land’ any part of the statute. will become meaningiess or the purpose for which the enactment is made gets defeated. On the contrary, as can be seen from sub-sections (1) of Section 4 of the Act, the consequence of transfer of granced land in contravention of the terms of the grant whether before or after the Act came into force violating the terms of the grant is that such transfer is null and void. Similarly, as per Section 4 (2) the consequence of transfer of granted land after the commencement of the Act. without the permission of the Government zegardless of the expiry of non-alienation period is that such transfer is declared null and void ‘Therefore, if the definition of ‘granted land’ is given a restricted meaning to include only such granted lands which are subject to the condition of non-alienation and oIe which period has not expired, then it will do harm to the language employed in sub-section (2) of Section 4 and the intention of the legislature in imposing prohibition from alienating a granted land after the commencement of the Act inspite of expiry of non-alienation period cannot be over looked. Such censtruction will be against the intention of the legislature as can be clearly made out from a conjoint seading of sub-sections (1) & (2) of Section 4 of the Act. Hence, we answer the reference in the following way. The defini ion ef the term granted land’ as used in Section 3(1j{>) of the As is not restricted to such granted land only so iong as there was prohibition from alienation. Even after the expiry of the period or condition of non-alicnation, the land continues to be a granted laid for the purpose of the Act. in Sub-section (2) of Section 4, it is made very clear that after coming into force of the Act, no person shall without the previous permission of _ the Government. convey by transfer any granted land From this it is clear that in view of the Act coming into force with effect from 1.1.79. the granted land to SC orwe ST person shall not be sold or shall not be acquired by any person without the previous permission of the Government. If any person purchases the granted land, subsequent to 1.1.79 without permission of the Govt.. such transfer shall be treated as null and void. Under section 4(2) two conditions are imposed. One, with regard to alienation made prior to 1.1.79 and another a sale to be efiected after commencement of the Act, with effect from 1.1.79 So far as the granted land which were not alienated even after compietion of the period of non- alienation prescribed under the grant, would be invalid, if such transfer is taken place without prior permission of che Government. So far as the transaction of sale taken piace prior to 1.1.79 would be valid provided the alienation period has been completed as per the grant. Accordingly, we answer the point for reference. List the matter before the Learned Single Judge Sd/= Judge Sd/-