THIRTHARAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On a reference by a learned Single Judge of this Court, this writ petition is placed before us. In substance, the question referred is as to whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 is inapplicable to a granted land' i.e., a land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes but in respect of which occupancy rights were subsequently granted to a tenant under the Karnataka Land Reforms Act, 1961?

(2.) We have heard the learned Counsel for the Petitioners and the learned Additional Government Advocate for the Respondents and perused the judgments referred to by them.

(3.) At the outset, we deem it appropriate to state that the Full Bench judgment of this Court in Mohammed Jaffar v. State of Karnataka, 2002 ILR(Kar) 4693 referred to by the learned Single Judge in the order of reference has no bearing on the question referred. In the said judgment, the question for consideration was as to whether a land which was not originally a 'granted land' i.e., a land not originally granted to a person belonging to any of the Scheduled Castes or the Scheduled Tribes could become a 'granted land' by reason of grant of occupancy rights in respect of such a land to a tenant belonging to any of the Scheduled Castes or the Scheduled Tribes. It was held that such a land could not become a 'granted land' within the meaning of Section 3(1)(b) of the Act.