CHANDRA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr.B.Veerappa, AGA accepts notice on behalf of Respondent Nos. 1 to 3. We have heard argument in complete detail and therefore proceed to pronounce Judgment.

(2.) The facts of the case are that certain land was granted in favour of Kariyappa on 31.05.1965 by means of a Grant. One of the covenants in the Grant was that no alienation was permissible for a period of 15 years. However, Kariyappa sold the land in favour of Chandra Naik on 22.10.1974. THErefore the sale, having been executed within this period, would have been rendered non est. This is the mandate of Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. THE original Grantee approached the Assistant Commissioner for declaring the sale transaction null and void and prayed for handing back the possession of the land in question to him. THE Assistant Commissioner observed that the transferee namely, Chandra Naik also belonged to a Scheduled Caste, and therefore the transaction was valid. However, Rule 29-A of the Karnataka Land Grant Rules, 1969 clarifies that a conveyance/alienation Inter vivos or between persons of Scheduled Castes/Scheduled Tribes would not be protected with effect from 27.09.1974. THErefore, the earlier law was of no avail in the circumstances of the case. Secondly, the Assistant Commissioner was of the opinion that the sun of Rs.25/- per acre was actually the upset price and this amount having been paid, there were no legal fetters on alienation which was not liable to be rendered null and void. He has sought to support his view on the decision in ILR 1998 Kar SN. No.47 at Page 67, but the ratio of that decision does not apply.

(3.) It is for these reasons that the Appeal fails and is dismissed.