LAKSHMAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claiming to be the grantees of the subject land now acquired by the KADB are grieving before the Writ Court as to non-consideration of their Representation dtd. 1/8/2022 a copy whereof avails at Annexure-M wherein they have requested the Respondent - KIADB not to disburse the compensation amount to the official owners of the said land.

(2.) Learned counsel appearing for the Petitioners vehemently argues that his clients happen to be the members of SC/ST and that the land was granted to them and therefore, the said land having now been acquired, the compensation should not be disbursed to the private Respondents herein who hold the registered Sale Deeds, the said proceedings being in violation of the Provisions of the Karnataka Scheduled Castes And Scheduled Tribes (Prohibition Of Transfer Of Certain Lands) Act, 1978.

(3.) Learned AGA appearing for the State Authorities and the learned Panel Counsel appearing for the 3rd Respondent - Special Land Acquisition Officer, KIADB oppose the Petition contending that the assertion of the Petitioners is not true inasmuch as, the land in respect of which occupancy has been registered under Sec. 48-A of the Karnataka Land Reforms Act, 1961 in terms of application in Form No.7 cannot be treated as the 'granted land' as defined under Sec. 3(1)(B) of the 1978 Act as held by the Division Bench of this Court and therefore, the Representation of the kind cannot be entertained by the KIADB at all. Even otherwise, the Petitioners can invoke the provisions of the 1978 Act for voiding the subject Conveyances and till that is done, the right to have the subject Representation considered is inchoate and therefore, invocation of the writ jurisdiction is misconceived. So contending, they seek dismissal of the Writ Petition.