THIPPESWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Art. 226 of the Constitution, the petitioners have challenged the constitutionality of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the Act) and the order dt. 14-11-1980 (Annexure A) made by the A'.st. Commissioner, Tiptur (hereinafter referred to as 'the AC') under the said Act.

(2.) So far as the constitutionality of the Act, a Division Bench of this Court in S. V. Krishnappa v. Munichnnappa (1) and (connected caces decided on 16- 9-1982) rejecting the very contentions urged for the petitioners, has upheld the same. Following the Division Bench ruling in Krishnappa's (1) case, the challenge of the petitioners to the Act is, rejected.

(3.) In the course of his order the AC has found that the lands granted in the year 1965 have been alienated in violation of the erms of the grant and that respondent No. 3 is, Therefore entitled for their restoration under the Act.