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Ram Karan v. State of Rajasthan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5853 of 2014)Decided 30 Jun 2014
Civil Appeal No. 5853 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

Purchasers acquired agricultural land from a Scheduled Caste landholder in 1962 and remained in possession for decades. In 1993 the revenue authorities sought their eviction and cancellation of mutation on the ground that the transfer breached Rajasthan's tenancy restrictions. The High Court upheld action against the purchasers.

Decision Breakdown

The Court allowed the purchasers' appeal and set aside the High Court judgments because the restoration proceedings were brought after more than 31 years. It rejected the argument that the 1962 sale escaped the prohibition: the relevant restriction had already taken effect in 1956. Nevertheless, an unlawful transaction did not permit authorities to disregard applicable limitation and the requirement to act within a reasonable time. No justification was shown for the long delay, so the proceedings could not stand.

Lesson Learnt

An allegedly unlawful land transfer does not automatically remove every time limit on official action. This ruling protected the purchasers against these delayed proceedings, while recognising the underlying statutory restriction on transfers.

Official source (sci.gov.in)View Judgment (PDF)

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