SHAKUNTALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The core issue in these appeals is whether passage of time would impact enforcement of statutory rights.

(2.) Facts, admitted as they are, may first be noted: Late Somalanayak, the father of Neelyanayak, respondent No.5 herein, was allotted 4 acres of agricultural land in Survey No. 56 (old), New Survey No. 86, Baragenahalli, Lakkavalli Hobli, Tarikere Taluk, Chikmagalur District, Karnataka, under Government Grant dtd. 22/3/1957.

(3.) In the interregnum, the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, 'the Act of 1978'] came into force with effect from 1/1/1979. Sec. 4 thereof is titled 'Prohibition of transfer of granted lands' and states that, notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of the said Act, in contravention of the terms of the grant of such land or the law providing for such grant, shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have been conveyed by such transfer. Sec. 5 thereof, titled 'Resumption and restitution of granted lands', provides under sub-sec. (1) to the effect that, on an application by any interested person or on information given in writing by any person or suo motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the transfer of any granted land is null and void under Sec. 4(1) of the Act of 1978, he may, by order, take possession of such land after evicting all persons in possession thereof, in such manner as may be prescribed, and restore such land to the original grantee or his legal heir. Notably, Somalanayak belonged to Lambani caste, a Scheduled Caste.