Judgment Search Results Home > Cases Phrase: karnataka land reforms act 1961 section 76 taking possession of land vested in state government Page 1 of about 2,431 results (0.291 seconds)

Damodar S/O Vittal Kamath Vs. Government of Karnataka

Court : Karnataka Dharwad

..... gotkhindi, learned counsel for the petitioner, has contended that the deputy commissioner has no power to vest the private land in the state government under section 58 of the karnataka land reforms act, 1961 and section 5 of the karnataka land reforms act, 1961 applies only with regard to the leases executed after 1.3.1974. ..... while deciding the case under section 136(3) of the karnataka land revenue act, 1964, the deputy commissioner can pass orders only in respect of record of rights and registration of mutations and registration of disputed cases and he has no power to vest the land in the state government applying the provisions of sections 5 and 58 of the karnataka land reforms act, 1961 while passing the impugned order. ..... thereupon the land shall vest in the state government and the tahsildar may take possession thereof by summarily evicting any person occupying it. ..... the admitted facts are that petitioners are claiming their rights and possession on the basis of the registered permanent lease deed dated 24.4.1973 measuring 6 guntas (6.10 annas). ..... , respondent no.4 has executed a permanent registered lease deed in respect of the said property in favour of one smt.mangala kamat who is the mother of petitioner nos.2 to 4 and wife of petitioner no.1, on 24.04.1973 permanently and the petitioners are in possession and enjoyment of the same till today.3. ..... as such, the petitioner cannot take advantage of rule 43 in the case of a will. .....

Ni. Pra Channabasava D.S. Matadhipathigalu and Kannada Mutt Vs. C.P. K ...

Court : Supreme Court of India

Reported in : 2009(3)SCALE599; (2009)11SCC28

..... ;(j) the tenants in the inam and persons holding under them and holders of minor inams shall, as against the state government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under the karnataka land reforms act, 1961 and any other rights and privileges which may have accrued to them in the inam before the date of vesting against the inamdar shall cease and determine and shall not be enforceable against the ..... inam shall cease to be in force;(g) the state government may, after removing any obstruction that may be offered, forthwith take possession of the inam and all accounts, registers, pattas, muchalikas, maps, plans and other documents relating to the inam which the state government may require for the administration thereof;(h) the inamdar whose rights have vested in the state government under clause (b) shall be entitled only to such amount from the state government as provided in this act;(i) the relationship of a superior holder and ..... that the transaction was not void or illegal under any law in force at the time :provided further that where such right was created in any land, unless it relates to lands registered under section 5, the state government may, if in its opinion, it is in the public interest to do so, by notice given to the person concerned, terminate the right with effect from such date as may be specified in the notice, not being earlier than three months from .....

Timmakka Kom Venkanna Naik Vs. Land Tribunal

Court : Karnataka

Reported in : ILR1987KAR3336; 1987(2)KarLJ337

..... the first question that arises for consideration is as to when a person can claim right under section 45 of the karnataka land reforms act, 1961 for registration as an occupant. ..... they sought occupancy right under section 48-a of the karnataka land reforms act in respect of four lands. ..... under section 44 all lands held by or in the possession of tenants immediately prior to 1-3-1974 shall vest in the state government. ..... therefore, as on 1-3-1974 neither respondent-2 nor respondent-3 was cultivating the lands in question as a tenant and hence sections 44, 45 or 48-a of the act cannot govern their claim. ..... family, the surviving members of the said family : and(ii) if he is sot a member of a joint family, his heirs shall be entitled to partition and sub-divide the land leased, subject to the following conditions :(a) each sharer shall hold his share as a separate tenant;(b) the rent payable in respect of the land leased shall be apportioned among the sharers, as the ease may be, according to the share allotted to them :(c) the area allotted to each sharer shall not ..... there is a further observation that the finding of the land tribunal regarding the genuineness of the will will not preclude the appellant from taking appropriate steps available in law to challenge the said finding and that the decision of the tribunal 'will be subject to the decision of that forum or authority competent to decide the question of the genuineness of the will'. .....

Thimmappa Rai Vs. Ramanna Rai and ors.

Court : Supreme Court of India

Reported in : (SCSuppl)2007(3)CHN144; 2007(5)CTC287; 2007(5)KarLJ413; (2007)5MLJ1245(SC); 2007(7)SCALE119; 2007AIRSCW3271; 2007(4)AIRKarR452.

..... a certificate of registration granted in favour of a tenant as an occupant under section 55(1) of the karnataka land reforms act, 1961 and rule 21 of the karnataka land reform rules, 1974 as specified in form 10 also is not of much significance. ..... we may, furthermore, notice that in a case involving 'shet sanadi' land despite karnataka village offices abolition act, 1961, it was held that re-grant in the name of the eldest son would not take away the right of the junior member of the family who has interest in village office to seek partition and for possession of his share therein. ..... of the appellant, however, would draw our attention to the fact that grant of lease in favour of a tenant at the material time was governed by the provisions of the madras cultivating tenants protection act, 1955 to contend that by reason thereof, the appellant alone became the lesser in respect of the property in suit as section 4-b of the said act provides for the mode and manner in which a deed of lease is to be executed, from a perusal whereof, it would appear that it was only ..... a patta was also granted in his favour by the state of karnataka on or about 21.12.1980. ..... they may be tenants in common but still then if they are in joint possession of a property, the same would vest in all of them, although certificate may be granted in favour of only one.25. ..... he applied for grant of sanction of the state therefor, which having been granted, the same was assigned in his name. .....

State of Karnataka and Others Vs. Shankara Textiles Mills Ltd.

Court : Supreme Court of India

Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432

..... in spite of this direction, the divisional commissioner did not pass any order in the said proceedings.during the pendency of these proceedings, the respondent-company filed a declaration under section 79b(2)(a) of the karnataka land reforms act, 1961 (for short 'the act') stating therein that it held the entire disputed land as agricultural land. ..... (3) the tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the deputy commissioner who shall, by notification, declare that such land shall vest in the state government free from all encumbrances and take possession thereof in the prescribed manner. ..... respondent-company filed a declaration, as required under section 79b(2)(a), stating therein that the disputed land which was an agricultural land was in its possession.a reading of the provisions of sub-section (3) of section 79b shows that after a declaration is received by the tahsildar, he has to make an enquiry and send a statement containing the prescribed particulars relating to the land in question, to the deputy commissioner, and it is the deputy commissioner who thereupon issues a notification declaring that the land shall vest in the state government and takes possession thereafter of such .....

Aresh@ Ashok J. Mehta (D) by Prop. Lrs. Vs. Spl. Tahsildar, Balgaum, K ...

Court : Supreme Court of India

..... 1st march, 1974 under section 44 of the karnataka land reforms act, 1961 as amended by act no.1 of 1974 (hereinafter referred to as the act ).3. ..... (1) all lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the amendment act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the state government. ..... in execution of any decree or other process of any court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force; (e) the state government may, after removing any obstruction which may be offered, forthwith take possession of such lands: provided that the state government shall not dispossess any person of any land in respect of which it considers, after such enquiry as may be prescribed, that he is prima face entitled to be registered .....

Mysore Feeds Ltd. Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1988KAR889; 1988(1)KarLJ310

..... hence, we hold that, - (i) a notification under section 79-b(3) of the karnataka land reforms act is prospective from the date of itsissuance ; (ii) while issuing an order/or notification under section79-b(3), the deputy commissioner has to take note of any order of thestate government made under section 20 of the ulcr act and the basicfacts assumed for the validity of such an order of the stategovernment ; and (iii) it cannot be assumed straight-away that whenpermission for conversion is sought under section 95(2) of the revenueact the land in question was factually used as an agriculturalland.20. ..... petitioner challenges the validity of notification annexure-ewhereby the special deputy commissioner declared certain lands to vestin the state government under section 79b of the karnataka landreforms act. ..... when the state government grants exemptionunder section 20 of ulcr act, 'the vacant land' to which exemption isgranted can be only in respect of non-agricultural land. ..... the deputy commissioner as per section 79-b(3)shall by notification declare that such land shad vest in the stategovernment free from all encumbrances and take possession of the land.sub-section (4) provides for payment of an amount to the owner, inlieu of the vesting of land in the state.5. ..... the karnataka land reforms act 1961 (l.r. .....

Shri Dharmarayaswamy Temple Vs. Chinnathayappa

Court : Karnataka

Reported in : ILR1990KAR4242

..... ' section 4 of the land reforms act states that a person lawfully cultivating the lands of another, except as a member of the family of the owner or as a paid servant or as mortgagee in possession shall be deemed to be a tenant which is word to word similar to section 4 of the mysore tenancy act set out at paragraph 2(iv) of this order on which the respondents had relied, in the first batch of writ petitions to establish that at least they were ordinary tenants entitled to continue as tenants of government under section 6 of the inams abolition act ..... by sri dharmarayaswamy temple, bangalore, represented by its committee of dhamadarshis questioning the legality of the order of the land tribunal, bangalore north taluk allowing the applications filed by respondents-1 to 10 under section 48-a(1) of the karnataka land reforms act, 1961 and granting them occupancy rights in respect of land in sy. no. ..... right is granted under section 8 of this act on the inamdar, in a proceedings under the land reforms act, no question of any existence of any tenant before the date of vesting under that act arises, whereas in the case of occupancy right granted to an inamdar under the personal and miscellaneous abolition, a question might arise as to whether a person claiming occupancy right under the land reforms act was a tenant under section 9a of the act ..... . explanation:- a person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only .....

R. Rudraiah and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : 1998IAD(SC)772; AIR1998SC1070; JT1998(1)SC435; 1998(1)SCALE375; (1998)3SCC23; [1998]1SCR553

..... reading the section, it appears that there are good reasons of policy as to why, under section 107 of the karnataka land reforms act, 1961, government land is exempt. ..... on a comparison of language employed by the legislature in section 4(3) of the village offices abolition act, 1961 which only speaks of resumption subject to re-grant under sections 5, 6 and 7 with the language employed in section 5(3) which speaks of 'vesting in the state government free of all encumbrances', it is clear that by mere resumption under section 4(3) subject to sections 5, 6 and 7, it was not intended by the legislature to equate conditional resumption with absolute vesting of the land in the government free from all encumbrances so as to be treated as 'government land'. ..... chapter 1 thereof deals with 'definitions', chapter ii deals with 'general provisions regarding tenancies like, who are tenants or deemed tenant, rent, termination of tenancies, eviction of tenants, tenants' right to purchase, procedure for taking possession or recovery rent etc. .....

Hanumanthaiah and ors. Vs. the Land Tribunal and ors.

Court : Karnataka

Reported in : ILR2003KAR1410; 2003(3)KarLJ482

..... the material on record clearly shows that the applicant cannot be treated to be a deemed tenant within the meaning of section 4 of the karnataka land reforms act, 1961. ..... thereafter, no lease was granted in favour of the applicant and the land vested with the government, and as a matter of fact the applicant had no right to cultivate the land when the land vested with the government and the learned single judge has rightly come to the conclusion that in the absence of any lawful grant of lease after the expiry of the period of earlier lease, is ..... far as the argument about taking advantage of section 8 of the karnataka village offices abolition act is concerned, it suffices to say that the applicant is not in possession of the land and section 8 requires that to claim as a tenant under tenancy law, the applicant should be a tenant on the date on which the act came in force i.e. ..... : ilr1998kar141 and has considered in detail the evidence of the applicant and the witness examined on his behalf, who have clearly stated that they were not paying either gutta or land revenue to the government and they did not know as to who were the landlord and holder of the office. ..... brief necessary facts as stated are, that certain service inam lands in sy.no. ..... he also submits that the state through its revenue authorities is bound to protect the interests of those who are entitled to hold the office, and the learned single judge erred in observing that the panchasalgutta was granted by the revenue .....