HONNALI TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED Vs. DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THIS matter is taken up for hearing with the consent of the learned Counsel appearing for the Petitioner and the learned High Court Government Pleader appearing for the Respondents.

(2.) THE Petitioner, assailing the legality and validity of the endorsement dated 18.1.2001 bearing No. HOA:CR:87:2001, Annexure 'B', issued by the Deputy Commissioner, Davanagere District and the letter dated 20th January, 2001 bearing No. STP: CR: 75: 2000 -2001 issued by the Assistant Commissioner, Davanagere, has filed this writ petition. Further, he has sought for a direction directing the Sub -Registrar, Honnali Taluk, Honnali, to register the document presented by the Petitioner in respect of Sy.No. 105 measuring 2 Acres 15 guntas situate in Guddehalli village, Belagutti Hobli, Honnali Taluk.

(3.) THE principal submission of the learned Counsel appearing for the Petitioner is that Section 7 of the Prohibition of Transfer of Certain Lands Act exempts the application of the said Act in respect of transfer of granted lands in favour of a Bank. Section 7 of the Prohibition of Transfer of Certain Lands Act, reads as follows: Exemption: Nothing in this Act shall apply to the transfer of granted lands in favour of the Government, the Central Government, a local authority or a Bank either before or after the commencement of this Act. He has also placed reliance on the judgment of this Court reported in B. Shivappa Vs. State of Karnataka, ILR (1990) KAR 1089 , wherein it is held as under: I have carefully considered the contentions of the learned Counsel for the Petitioner and the learned Government Pleader. In my opinion, the transfer of the granted land by the original grantee by executing a mortgage deed in favour of the 5th Respondent -Bank is a 'transfer' to which none of provisions of the SC/ST Act, is applicable by virtue of Section 7 of the SC/ST Act. If the transfer of the granted land in favour of the 5th Respondent -Bank is one such transfer as per the definition of 'transfer' occurring in Section 3(3) of the SC/ST Act, it follows that the Legislature with a deliberate intention exempted the application of the SC/ST Act to any transfer of granted lands or lands in favour of the State Government, Central Government, Local Authority or a Bank.