D RUDRAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) Writ proceedings under Article 227 of the Constitution of India is not an appeal proceeding. Proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], particularly an application under Section 5 of the Act before the Assistant Commissioner are not in the nature of a suit and adversary proceedings between claimants and a person claiming interest in a land which is sought to be made subject matter of proceedings under Section 5 of the Act.

(2.) The Act is a piece of welfare legislation ushered in by the legislature to provide protection to persons belonging to socially deprived and exploited classes. It is to ameliorate their living conditions, grants are being made even from the time prior to our country attaining independence, granting of agricultural lands in their favour, so that they can cultivate such agricultural lands and have a source for their sustenance.

(3.) It is because of the historical reality that such persons were being used as bonded agricultural labourers and it is to relieve them of such bonding and exploitation while agricultural lands were being granted, it would not serve the purpose, as out of ignorance or innocence or sheer gullibility or because of their other habits, such persons would inevitably lose granted lands by selling or otherwise parting possession of the lands granted in favour of persons who always had an eye on such lands and who wanted to exploit the gullibility of such persons.