THIMMABHOVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Some time in the year 1962-63 respondent No. 3, a member of a Scheduled Caste was granted 5 acres of land in Sy. No 1 of Savamardi Kaval, Tarikere Taluk, Chickmagalur District under the Land grant rules with a condition that the said land should not be alienated for a period of 15 years from the date of issue of the grant certificate in his favour. On 18-1-1969 respondent No. 3 sold the said land to the petitioner for valuable consideration in contravention of the non-alienation clause.

(2.) Under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act of 1978 (Karnataka Act 2 of 1979) (hereinafter referred to as 'the Act') and the rules framed thereunder the Assistant Commissioner, Tankere (hereinafter referred to as 'the AC ') after due notice to the petitioner and considering his objections by his order dated 12-10-1979 (Annexure A) declared the sale effected in favour of the petitioner as null and void and directed the restoration of the land to respondent No. 3. In his petition under Art. 226 of the Constitution, the petitioner has challenged the constitutional validity of the Act and the order dated 12 10 1979 made by the AC.

(3.) In Krishnappa v. Munichannappa (1) a Division Bench of this Court rejecting the very contentions urged for the petitioner, has upheld the validity of the Act. In this view, the challenge of the petitioner to the Act is rejected.