BHEMANNA Vs. DEPUTY COMMISSIONER CHITRADURGA

JUDGEMENT

(1.) These two Writ Petitions are referred to the Bench by the Learned Single Judge, in order to give a finding by the Bench as to "Whether the land which has been granted to a person belonging to SC & ST community as provided under Section 3(1)(b) of the Karnataka Scheduled Castes & Scheduled Tribes (PTCL) Act, 1978, continues to retain its character as granted land, even after the expiry of the period during which the grant is subject to condition of non-alienation.

(2.) The Learned Counsel appearing for both the parties submit that the question now referred to by this Bench by a Learned Single Judge is no more res-integra. It would be useful for us to refer to the definition of a granted land as defined under Section 3(1)(b) of the Act, which reads as hereunder:

(3.) From the above definition Clause, it is clear that any land granted by the Government to a Scheduled Caste or Scheduled Tribe person under a relevant law for the time being in force relating to Land Reforms and Land Ceilings or Abolition of Inams, has to be treated as granted land only.