NARASAMMA, W/O. BYRAPPA (SINCE DEAD BY HER GRAND CHILDREN AS HER L.RS. GANGADHARA, S/O. LATE MUNIBHYRAPPA, NAGARAJ, S/O. LATE MUNIBYRAPPA AND UMASHANKAR, S/O. LATE MUNIBYRAPPA) Vs. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE AND

JUDGEMENT

(1.) THIS writ petition has come up for further orders with the understanding that it may be taken up for disposal as was the tenor of the order passed on 15.6.2011, directing the matter to be listed before the court today after admitting the writ petition by issue of rule and permitting the respondents whether represented through counsel or otherwise to file objections, if any, to the main petition, in the meanwhile.

(2.) PETITIONERS are persons claiming as legal heirs of a grantee one Smt. Narasamma - a person belonging to depressed class community in whose favour had been granted an extent of 2 acres of land in Sy. No. 11 of Pattanagere Village, Kengeri Hobli, Bangalore South Taluk in the year 1939 -40 and such land had been subsequently sold by the grantee, Smt. Narasamma in favour of third respondent in this petition in the year 1972 to be precise on 23.2.1972 as per registered sale deed and after receiving consideration for the same.

(3.) PROHIBITION of transfer of granted lands. - (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or Sub -section (2) shall be null and void and no right title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer. (2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government (3) The provisions of Sub -sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority. ensures voiding of sale transaction and also a fiction is created as though nothing was transferred in favour of the transferee and follow up action was required to be taken by the Assistant Commissioner in terms of section 5 of the Act reading as under: