Court : Karnataka
Reported in : ILR1999KAR386; 1999(5)KarLJ105
..... by an order under section 85 of the karnataka land reforms act, 1961 ('act', for short) at annexure-c, the 1st respondent-assistant commissioner has concluded that the lands of the petitioners specified therein are taken over to the state government for violation of section 85 of the act. ..... rule 37 of the karnataka land reforms rules, 1974, inter alia provides that the inquiry to be made by the assistant commissioner under section 85 of the act shall be a summary inquiry in accordance with the provisions of chapter iii of the karnataka land revenue act, 1964. ..... section 84 of the act provides that, where the assistant commissioner having jurisdiction over any area in which any land is situated is satisfied that any land within such area has remained uncultivated for a period of not less than two consecutive years without sufficient cause, he may, by notice serve upon the land owner and any other person entitled to be or in possession of the land, require such persons to cultivate the land within one year from the date of service of such notice. ..... section 34 of the karnataka land revenue act, 1964 occurring in the said chapter iii provides that, when a summary inquiry is prescribed for determination of any question by or under this act or any law for the time being in force, the officer conducting inquiry shall himself, as such inquiry proceeds, record in his own hand, in kannada or in english or in any other language of the taluk or village as declared by state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)SCALE599; (2009)11SCC28
..... 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 ..... application to inam or alienated holding and the provisions of act and all other enactments applicable to unalienated villages or lands shall apply to the said imams or alienated holding;(b) all rights, title and interests vesting in the inamdar including those in all communal lands, cultivated lands, uncultivated lands, whether assessed or not waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams ..... minor 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... the dictionary meaning of the expression agricultural land , the definition of agriculture under the karnataka land reforms act, 1961 (land reforms act, 1961); karnataka land revenue act, *1964 (land revenue act, 1964) and other enactments where the expression agricultural land or agriculture are defined or used, ..... section, plantation means the land used by a person principally for the cultivation of plantation crop and includes (i) any landused by such person for any purpose ancillary to the cultivation of such crop or for preparation of the same for the market; and (ii) agricultural land interspersed within the boundaries of the area cultivated with such crop by such person, not exceeding such extent as ..... is carried on : provided that (i) the building is on or in the immediate vicinity of the land, and is a building which the receiver of the rent or revenue or the cultivator, or the receiver of rent-in-kind, by reason of his connection with the land, requires as a dwelling house, or as a store- house, or other out-building, and (ii) the land is either assessed to land revenue in india or is subject to a local rate assessed and collected by officers of the government ..... to cultivate with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression uncultivated shall .....
Tag this Judgment!Court : Karnataka
..... the dictionary meaning of the expression agricultural land , the definition of agriculture under the karnataka land reforms act, 1961 (land reforms act, 1961); karnataka land revenue act, *1964 (land revenue act, 1964) and other enactments where the expression agricultural land or agriculture are defined or used, ..... section, plantation means the land used by a person principally for the cultivation of plantation crop and includes (i) any landused by such person for any purpose ancillary to the cultivation of such crop or for preparation of the same for the market; and (ii) agricultural land interspersed within the boundaries of the area cultivated with such crop by such person, not exceeding such extent as ..... is carried on : provided that (i) the building is on or in the immediate vicinity of the land, and is a building which the receiver of the rent or revenue or the cultivator, or the receiver of rent-in-kind, by reason of his connection with the land, requires as a dwelling house, or as a store- house, or other out-building, and (ii) the land is either assessed to land revenue in india or is subject to a local rate assessed and collected by officers of the government ..... to cultivate with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression uncultivated shall .....
Tag this Judgment!Court : Karnataka
..... the impugned order under challenge is liable to be set aside.initially, the petitioners herein filed an appeal under section 118 of the karnataka land reforms act, 1961, before the land reforms appellate authority, dharwad in l.r.a. no. ..... pendency of the appeal, an amendment was brought to the karnataka land reforms act in 1990 and the land reforms appellate authority was abolished. ..... it is submitted that since fakirappa and others have filed a suit for setting aside the auction sale dated 10-10-1936, the rights of respondents 3 and 4 were protected under section 133 of the land reforms act. ..... is crystal clear that respondents 3 and 4 were protected tenants, since they were cultivating the said land as tenants under neelagangawwa. ..... is also clear from the records of the year 1939-40 upto 1973-74 that they were cultivating the land and their names appeared in the cultivators' column. ..... the other hand, the learned counsel for respondents 3 and 4 contended that prior to purchasing of the land, respondents 3 and 4 were cultivating the land as tenants. ..... (db) wherein it has been held that:a tenant of a female member of a hindu family to whom the land was granted for maintenance also cultivates lawfully and would be a deemed tenant under section 4 of the bombay tenancy and agricultural lands act, 1948. ..... the record of rights register discloses that in the year 1939-40 upto 1973-74, respondents 3 and 4 were cultivating the said land as tenants. ..... 1-3-1974, they were cultivating the said land as owners. .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(2)KarLJ198
..... these two revision petitions under section 121-a of the karnataka land reforms act, 1961 are directed against the order passed by the district land reforms appellate authority, bellary, dated 31-8-1989, setting aside the order passed by the land tribunal, bellary, dated 11-9-1986 and holding that the landlord has failed to prove that he was getting the land in question cultivated through hired labourers and that the tenant has also failed to prove that he was cultivating the land as such on 1-3-1974 ..... and further holding that the land is vested ..... filed form 7 before the land tribunal, bellary, seeking conferment of occupancy right under section 48-a of the karnataka land reforms act, 1961 (hereinafter called as the 'act') in respect of the land comprised in sy. no. ..... order passed by the appellate authority holding that the applicant has failed to prove that he was cultivating the land as a tenant on 1-3-1974 and that the land vests with the government is liable to be set aside and the order passed by the land tribunal may be restored.5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2111; 1995(3)KarLJ306
..... as the question before this court is what will be the effect of introduction of new section 44 of the reforms act, 1961, (that is, karnataka land reforms act, 1961), introduced on the date above. ..... (6) where the tahsildar, on application by the tenant or otherwise and after such enquiry as may be prescribed, is satisfied that a notice as required by sub-section (2) is not issued, he shall, by notification, declare that with effect from such date as may be specified in the notification the land leased shall stand transferred to and vest in the state government free from all encumbrances. ..... (2) the soldier or the seaman shall, if he bona fide requires the land to cultivate personally, issue a notice to the tenant requiring him to deliver possession of the land within the period specified in the notice, which shall not be less than the prescribed period. ..... the use of expression 'free from encumbrances' in section 44(a) of the land reforms act very clearly indicates that in lands in possession of tenants, with exceptions which may be said to be covered by leases covered under section 5, all rights title and interest of ownership etc. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KarLJ175; 2008(3)KCCRSN217
..... the petitioner has filed the instant civil petition praying to treat the appeal as writ petition and to dispose of the matter on merits on the ground that, in view of the abolition of land reforms appellate authority, in view of amendment of the karnataka land reforms act, 1961.2. ..... when the said appeal was pending adjudication before the land reforms appellate authority, bangalore district, bangalore, the appellate authority has been abolished in view of the amendment to the karnataka land reforms act, and parties are permitted to file civil petition before this court under section 17 of the karnataka amendment act 18 of 1990. ..... 378/1, the question of again filing an appeal before the land reforms appellate authority by the petitioner in respect of the said land does not arise. ..... lrf:atc:514:75-76 has filed an appeal before the land reforms appellate authority, bangalore district in lra no. ..... when the matter had come up for consideration before the land tribunal, anekal on 5th october, 1979, petitioner's husband has withdrawn his claim made in respect of sy. no ..... after careful evaluation of the entire original records available on file at threadbare and after microscopic evaluation, what it emerges is that, petitioner being aggrieved by the order passed by the land tribunal dated 5th october, 1979, bearing no. ..... once the husband of the petitioner had appeared before the land tribunal and withdrawn his claim in respect of land bearing sy. no. ..... of 1987 and also the records of the land tribunal. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(3)KarLJ577
..... aspect that has been brought to our notice is that there was an effort on the part of the owner to resume the lands from the possession and cultivation by the appellant-tenants by making an application under section 14(1) of the karnataka land reforms act. ..... the applicants are tenants within the meaning of the provisions of the karnataka land reforms act as on the appointed date they were in possession and cultivation of the lands in question and were admittedly tenants prior to 1973, as even according to the owner, as per the agavu patra the tenancy ended on and after the ..... in her efforts and in respect of which, learned counsel for the appellants as well as the contesting respondent submit that the owner had preferred an appeal against the order dated 16-9-1970 passed under section 14(4) of the karnataka land reforms act passed by the n additional munsiff and judicial magistrate first class, haven in l.r.c. no. ..... the appointed day and as such, the applicants were not tenants on the appointed day and it is on such legal premise that the owner urged that the application of the tenants is required to be re-adjudicated before the tribunal. ..... enables the parties to have an opportunity and an authority to look into the matter once more in the light of the various materials that may be placed and the contentions urged by the parties. ..... we may also add that the learned single judge could not have passed an order setting aside the order dated 4-5-1990 passed by the appellate authority in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1574
..... the matter arises in this way :the 3rd respondent made an application on 23-8-1974 to the land tribunal, bantwal, in form-7 as required under section 48a of the karnataka land reforms act, 1961, claiming occupancy right in respect of s. no. ..... tenant who was lawfully entitled to cultivate the land personally immediately prior to 1st march 1974 but was wrongfully or illegally prevented from doing so, he may take recourse to any one of the remedies provided under the act to recover possession from the unauthorised occupant and request the tribunal to defer consideration of his application till the possession of the land is restored to him and if he recovers possession in accordance with law, he may then ask the tribunal to proceed with ..... his application on the merits and when possession is so recovered, the tribunal has to proceed on the basis that the tenant must be deemed to have been personally cultivating the land from the .....
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