Two Women’s Land Entries To Continue, But No Transfers Until Grant Dispute Is Settled: Karnataka HC

In brief

The question

1. Whether the respondents were entitled to continuation of their names in the revenue records while the Tahsildar’s order upholding the grants remained in force.

The court held

The appeals were disposed of, with liberty to the State to challenge the Tahsildar’s order within six weeks.

It also directed

The respondents were restrained from alienating the land or creating third-party rights until the grant issue was finally settled, and the revenue entries were made subject to the orders in the revenue proceedings.

01Facts

The Deputy Commissioner, by order dated 17 January 2024, remanded the question of the validity of grants of 2 acres to Smt. Yashodhamma and 1 acre to Smt. Anitha in Survey No. 149/*/P1 to the Tahsildar, after prima facie finding no valid grants.

p. 4

On remand, the Tahsildar held on 30 September 2024 that the grants were valid and directed continuation of the khatha in the respondents’ names.

p. 5

The respondents then sought implementation of that order through writ petitions. The Single Judge granted directions concerning implementation and continuation of the khatha.

pp. 5–6

The State appealed, disputing the grants and stating that it intended to challenge the Tahsildar’s order.

p. 6

The respondents maintained that their names had been removed from the revenue records without notice or a hearing.

p. 7

02Issues

i.1. Whether the respondents were entitled to continuation of their names in the revenue records while the Tahsildar’s order upholding the grants remained in force.

pp. 7–8

ii.2. Whether the appeals should be disposed of while preserving the State’s opportunity to challenge the Tahsildar’s order and protecting the land pending final determination.

p. 8

03Law Applied

It applied the principle that, while an administrative order remains operative and has not been set aside, it must be given effect; accordingly, the Tahsildar’s subsisting order entitled the respondents to have their names continued in the revenue records.

p. 8

The Court also directed that the revenue entries remain subject to the outcome of proceedings before the revenue authorities.

p. 8

Provisions in the judgment · 1 · Linked ones open on LawLens

KARNATAKA HIGH COURT ACT, 1961 Section 4

04Reasoning

The Court noted that the respondents’ names had been removed from the revenue records without an opportunity to be heard, and that, following remand, the Tahsildar had again upheld the grants.

p. 7

Although the State disputed the grants and relied on the Deputy Commissioner’s earlier prima facie view, that disagreement did not displace the Tahsildar’s operative order. Until that order was set aside, the respondents were entitled to continuation of their names in the revenue records.

pp. 7–8

To preserve the State’s ability to contest the grants without prejudicing the respondents’ position, the Court allowed time for a challenge and restrained alienation or creation of third-party rights in the meantime.

p. 8