GUNTAIAH Vs. HAMBAMMA

JUDGEMENT

(1.) All these appeals have been filed against the common judgment passed by the Full Bench of the Karnataka High Court in five Writ Appeals.

(2.) Under the Mysore Land Revenue (Amendment) Rules, 1960 (hereinafter being referred to as "Rules of 1960"), certain lands were granted to members of Scheduled Castes and Scheduled Tribes. Initially, these lands were given to them on temporary lease and later by virtue of Rule 43-J of Rules of 1960, these lands were given to them permanently with a restriction that the grantees shall not alienate these lands to third parties for a period of 15 years. These lands were granted to them during the period 1959-65. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act, 1978 (hereinafter being referred to as "Act 2 of 1979") came into force on 1-1-1979. Section 4 of this Act is to the effect that any transfer of granted land made either before or after the commencement of the 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 on such land shall be conveyed nor be deemed ever to have conveyed by such transfer. The persons who obtained grant of Government land, contrary to the condition regarding alienation, transferred the properties to third parties. In some cases, even the transferees had effected further transfer of such lands to others. Section 5 of Act 2 of 1979 empowers the Assistant Commissioner to pass appropriate orders for restoration of the land to the original allottee in case any transfer was effected contrary to Section 4 of the Act. Section 5 of Act 2 of 1979 provides that an Assistant Commissioner, on application by any interested persons or on information given in writing by any person, or suo motu, after such inquiry, if he is satisfied that the transfer of any granted land is null and void as provided under sub-section (1) of Section 4, may by order, take possession of such land after giving a reasonable opportunity of being heard to the person evicted, and restore the land to the original allottee. An appeal also is provided against the order passed by the Assistant Commissioner. Section 11 of Act 2 of 1979 further states that Act 2 of 1979 shall have overriding effect over the other laws.

(3.) In all these cases, the original allottees who were either scheduled castes or scheduled tribes transferred the property to third parties without obtaining previous permission of the Government. Later, the original allottees or their successors-in-interest filed applications before the Assistant Commissioner praying for restoration of lands which were transferred contrary to Section 4 of Act 2 of 1979. The Assistant Commissioner after conducting inquiry in these cases held that all the transfers were null and void and directed restoration of possession to the original grantees. The affected parties filed appeals and those appeals were dismissed by the appellate authority. Those orders were challenged before the High Court and the learned single Judge confirmed the orders passed by the appellate authority. Aggrieved by the judgment of the learned single Judge, Writ Appeals were filed which came up before the Division Bench. An argument was canvassed on behalf of the transferees of such lands that the lands in all these cases were granted under Rule 43-J of Rules of 1960 and as it is not specifically provided under Rule 43-J that there shall be any restriction on alienation, the restriction imposed was not valid or enforceable. The Division Bench of the High Court thought it fit to refer the matter to the Full Bench as certain conflicting opinions were expressed by different Benches of the same High Court. The relevant portion of the reference order was to the following effect :-