L KRISHNOJI RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act) while have brought misery, hardship, heartburn and what not to those purchasers who are caught within the mischief of Section 4 of the Act and consequential follow up action in terms of Section 5 of the Act, have nevertheless provided some exit routes to some of those chance purchasers who are not caught within the web of this violation of either under Sub-section (1) or Sub-section (2) of Section 4 of the Act.

(2.) An examination of the transactions in respect of a granted land under the provisions of the Act is confined to two things. Firstly if the transaction was prior to the Act coming into force, as to whether the transaction was in violation of any of the conditions subject to which land had been granted and secondly if the transaction is subsequent to the Act coming into force, not merely such violation but whether it is accompanied by a prior permission accorded by the state government in terms of under Sub-section (2) of Section 4 of the Act. Therefore, it is clear that in respect of transactions which are prior to the Act coming into force, it is only examination on the touchstone of the applicability or otherwise of Sub-section (1) of Section 4 of the Act.

(3.) The present writ Petitions are by a good number of persons who claim that they have derived their right, title or interest through as many sale deeds executed in their favour by ninth Respondent, who, it appears, had derived right, title and interest in an extent of 2 acres of land in Sy No. 61 of T. Dasarahalli village, Bangalore north Taluk under two sale transactions dated 28-9-1972 for an extent of one acre and the other transaction dated 27-11-1972 for the rest of the extent of subject land, which was subject matter of grant dated 19-4-1930 made by the then revenue authorities, in favour of one Muniga son of Munikandara, a person belonging to depressed class community.