SUBBARAJU Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This writ petition is a second inning by the petitioner, who has lost in the earlier first inning.

(2.) The facts of the case in nutshell are:

(3.) The proceedings under Sec. 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 were initiated and the Assistant Commissioner, Shimoga Sub- Division, Shimoga, found that the grantee had made transfer of the Land within 15 years from the date of grant and transfer of the land by the grantee by a registered sale deed dated 12-8-1966 was in breach of the terms of the grant and the provisions of Land Grant Rules as operative in 1962-63. According to the Assistant Commissioner, the grant being not for full market value, so the land was not alienable for a period of 15 years from the date of taking possession of the land under the grant by the grantee. No doubt, the proviso to that provided that such land could be alienable only with the previous permission of the State Government and subject to such conditions as the State Government may specify in that behalf in the order. As there was bar against alienation for 15 years and as no permission had been taken the transfer was held to be null and void being hit by Sec. 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and the Assistant Commissioner directed possession of the land being taken from the transferee as the original transfer in favour of Sri K.G. Puttappa Gowda was null and void. Therefore, the subsequent transferees also could not make transfer of the land as they had no title. This order was passed by the Assistant Commissioner, Shimoga Sub-Division, Shimoga, in PTCL.CR. 351/82-83, dated 12-5-1988.