Hon’ble Mr. Justice R. Devdas celebrates his 55th birthday today.
Hon’ble Mr. Justice R Devdas: Born on 15th May 1969. Studied in Sri Ramakrishna Vidyashala, Mysore. Pre-University Education and Bachelor of Arts at St.Joseph’s Arts and Science College, Bangalore and Bachelor of Law at Sri Jagadguru Renukacharya College of Law, Bangalore.
Started practice in the year 1994 in the office of M/s. Jayaram & Jayaram, Advocates, Bangalore.
Appointed as Addl. Government Advocate for State of Karnataka on 6th June 2008.
Appointed as Principal Government Advocate on 10th July 2014.
Appointed as an Additional Judge of the High Court of Karnataka on 14th February 2018.
Appointed as Permanent Judge of the High Court of Karnataka on 7th January 2020.
Important Judgments delivered by Hon’ble Mr. Justice R. Devdas.
Service Law. Person who questions a Government order in Court and accepts another Government order without demure loses right to challenge the first order. Karnataka High Court.
Person taking advantage of a provision of law cannot raise challenge to it.
Income Tax Act. Section 147. Mere change of opinion on consideration of the same material is not a ground to reopen the assessment. Full Bench Karnataka High Court. (DB)
Karnataka SC-ST PTCL Act. Application for resumption of land after sale with prior permission NOT maintainable. Alternative appeal remedy not a bar for Writ Petition against illegal order of Assistant Commissioner. Karnataka High Court.
Will. Principles governing proof of Will and mode of proving Will explained. Karnataka High Court. (DB)
Hindu Law. Separated son has NO right in ancestral property left by kartha. He can claim share as Class-I heir after death of Kartha in notional partition. Karnataka High Court. (DB)
CLARIFICATION – Second wife, married during life time of first wife, getting share in the property of deceased husband. Karnataka High Court Judgment. (DB)
Unlike access to justice, forum convenience is not a fundamental right. Only the Chief Justice of High Court has power to allocate work to puisne judges of respective benches of High Court. Karnataka High Court clarifies. (DB)
Air India Limited is not a ‘State’ within the meaning of Article 12 of the Constitution of India after disinvestment and hence Writ against it is not maintainable. Karnataka High Court.
Karnataka High Court condones the delay of 20 years in seeking resumption of granted and later tenanted lands under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
When sole plaintiff dies and application is filed by persons claiming to be legal representatives, it is the duty of the Court to consider whether the right to sue survives. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BTnGA03wYX2oD6qRmngdeBORw
Plaint in a suit for a primary relief of partition and separate possession cannot be rejected on the ground of limitation though the secondary prayer is barred by time especially when both the prayers are interconnected. Karnataka High Court.
Occupancy rights cannot be claimed or granted under the Karnataka Land Reforms Act in respect of garden land (bagayat land). Karnataka High Court reiterates.
Conversion of granted land for non-agricultural purposes and construction of residential building in industrial zone cannot be a ground to cancel the grant. Karnataka High Court.
Purchasers of inam lands after vesting of the lands in the State cannot claim occupancy rights under Section 9 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1958. Karnataka High Court.
Karnataka SC-ST PTCL Act. Conversion of land for non-agricultural purposes will operate as prior permission to sell only if the land is converted by the original grantee and not by the purchaser. Karnataka High Court.
Creation/claim of tenancy under the KLR Act in respect of granted lands also amounts to ‘transfer’ under the SC/ST (PTCL) Act, 1978 and hence the same is void though the Tribunal order has become final. Karnataka High Court.
Karnataka SC-ST PTCL Act, 1978. Application for prior permission to alienate granted land filed by power of attorney of the grantee can NOT be considered. Only grantee or his legal heirs can apply for prior permission. Karnataka High Court.
“Purpose of acquisition is relevant factor in determining the compensation’’. Karnataka High Court enhances compensation from Rs. 750/- to Rs. 2000/- for the land acquired for Court complex. (DB)
Service law. In the absence of clear proof based on the evidence of witnesses in the enquiry, an adverse presumption cannot be drawn on the guilt of the accused. Karnataka High Court sets aside compulsory retirement on corruption charges. (DB)
Detention order cannot be challenged by seeking a writ of habeas corpus when the order is already confirmed by the Government. Karnataka High Court. (DB)
Standalone distilleries established for manufacturing ethanol are not governed by the provisions of the Sugarcane Control Order, 1966. Karnataka High Court. (DB)
Planning Authority cannot seek relinquishment of Buffer Zone or the building line where construction cannot take place, free of cost, to the Planning Authority while sanctioning the development plan. Karnataka High Court.
Reference Court while awarding compensation in respect of the sub-soil/minerals underneath the soil of the acquired properties shall take into consideration the provisions of the Karnataka Minor Minerals Concession Rules. Karnataka High Court. (DB)
Freedom fighters’ pension. The proof required must be as provided in the pension scheme itself. As long as such proof was not available, the benefit cannot be granted. Karnataka High Court, while following the Supreme Court Judgment. (DB)
There is no requirement of producing original title deeds for transfer of khata under the BBMP Act. Karnataka High Court.
Appointment of arbitrator. Question of limitation can be gone into only in the very limited category of cases where there is not even a vestige of doubt that the claim is ex facie time barred. Karnataka High Court.
Grant of lands under the Karnataka Land Revenue Act. There is no restriction that the land shall not be granted to more than one member of the same family. Karnataka High Court.
Inamdar or his successors have no right to alienate lands already vested under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. Subsequent purchasers cannot seek grant of occupancy rights. Karnataka High Court.
Order of cancellation of land grant which is not communicated to the grantees cannot be construed as an order in the eye of law. Karnataka High Court.
Writ Court can give directions to compel the performance in a proper and lawful manner and itself can pass orders which the Government or the public authority should have passed had it properly and lawfully exercised its discretion. Karnataka High Court.
Second Writ Petition for mandamus is maintainable when the earlier direction was not complied. Writ Court can give directions to compel the performance in a proper and lawful manner. Karnataka High Court.
Conducting land survey and marking boundaries under the Karnataka Land Revenue Act cannot be resorted to claim title over the property instead of approaching the civil Court. Karnataka High Court.
Karnataka Land Revenue Act. There is no restriction for grant of land to more than one member of the same family under Section 94-A. Karnataka High Court.
Tahsildar cannot order removal of name from the land records unilaterally asserting the land to be government land and without following the procedure under the Karnataka Land Revenue Act. Karnataka High Court.
Assistant Commissioner has no power to initiate suo motu proceedings under Section 136(2) of the Karnataka Land Revenue Act in respect of the entries made in the land records. Karnataka High Court.
Land grants obtained allegedly by playing fraud can be cancelled only by initiating appropriate proceedings within reasonable time. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Gift of granted land by grantee in favour of his/her son/daughter without prior permission also attracts the provisions of the Act. Karnataka High Court.
Violation of Sections 79A & 79B of the Karnataka Land Reforms Act cannot be alleged in respect of sale of agricultural properties which took place prior to 1 March 1974. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Plea of Adverse possession by the purchaser of granted land can be taken only if there is uninterrupted and continuous possession without animus to constitute hostile rights and possession. Karnataka High Court.
The advantage of omission of Sections 79A and 79B of the Karnataka Land Reforms Act is available even to pending review petition before the Appellate Tribunal. Karnataka High Court.
Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.
When tenancy is governed under the Karnataka Rent Act, Civil Court has no jurisdiction to pass a decree for possession of the tenanted property. Karnataka High Court.
Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.
Entry in revenue records based on a Will. Karnataka High Court explains the procedure to be adopted.
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