LALITHA NAGAPPA NAIK Vs. DEPUTY COMMISSIONER KARWAR UTTARA

JUDGEMENT

(1.) THIS appeal involves an important question of law pertaining to the application of the provisions of the Scheduled Castes and Scheduled tribes (Prohibition on Transfer of Certain Lands) Act, 1979 (in short, the 's. C. S. T. Act') to lands which had been acquired by a member of the scheduled Caste or Scheduled Tribe as an occupant under Section 45 of the Karnataka Land Reforms Act, 1961 (in short, the 'k. L. R. Act' ).

(2.) THE present dispute pertains to Survey No. 375/1a1 measuring 11 guntas of Hegde Village, Kumta Taluk, Uttara Kannada District. The facts giving rise to the above question are all admitted. One Sri Bete yanku Mukhri, being a member of Scheduled Tribe, had acquired occupancy rights in respect of the land in question under Section 45 read with 48-A of the K. L. R. Act. On 23-7-1996, he sold the land to one Sri raghavendra Kamat. On 8-5-1997, the present appellant purchased the land from the said Raghavendra Kamat. The Assistant Commissioner, having learnt about the said transfer, after issuing notice to the appellant, resumed the land under Section 5 of the S. C. S. T. Act oh the ground that the transfer made by Bete Yanku Mukhri, the original allottoe/ grantee, was void as per Section 4 (2) of the Act. An appeal to the deputy Commissioner filed before this Court failed.

(3.) IN order to examine as to whether the transfer made in favour of the vendor of the present appellant was hit by the provisions of the s. C. S. T. Act, or not, one has to look at the definition of the expression granted land' as set out in Section 3 (b) of the Act which reads as under: