PUTTAVEERAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Lands granted in favour of persons belonging to scheduled caste/tribe community if had been transferred in violation of the conditions subject to which the land is granted, the transaction inevitably got voided under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act].

(2.) The present writ petition at the instance of purchaser of such a land is also one such instance, where some part of the granted land i.e. 30 guntas of land in Sy No. 177 of Kadukothanahalli village, Maddur taluk, Mandya district had been purchased by predecessor of Petitioners by two sale transactions effected in the years 1972 and 1977 [15 guntas each], whereas the subject land had been granted in the year 1963 with a condition that it should not be alienated for a period of 15 years and saguvali chit itself had been issued on 19-5-1971, which incorporated the condition of 15 years non-alienation from that date.

(3.) Such transaction had been found to attract Section 4 of the Act by the Assistant Commissioner, who directed resumption of the land to the state and restitution to the legal heirs of the original grantee as per his order dated 25-4-1989 [copy at Annexure-B to the writ petition.