SUNKARA RAJAYALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioners in this review petition is this that the transfers of land effected in their favour or in favour of their transferors by the original grantees were subsequent to the expiration of the period of prohibition against alienation provided in the grants and these transfers do not therefore stand invalidated even according to the judgment given by us on 17-4-1984, Manchegowda v. State of Karnataka, 1984 3 SCC 301.

(2.) This case was put forward by the petitioners in the original writ petition filed in the High Court. But a learned Single Judge of the High Court dismissed the writ petition and the writ appeal preferred from the judgment of the learned Single Judge was also rejected by the Division Bench of the High Court.

(3.) Since we have taken the view that if any alienation or transfer is made by the grantee of the land subsequent to the expiration of the period of prohibition, it would not be affected by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, it is necessary that the contention raised on behalf of the petitioners involving the determination of this question of fact should be decided in the writ petition.