K A HARIDAS Vs. DEPUTY COMMISSIONER KOLAR

JUDGEMENT

(1.) Challenge in this writ petition is to the order passed by Deputy Commissioner, Kolar, dismissing the appeal filed by petitioner and confirming the order passed by Assistant Commissioner, Kolar Sub-Division, Kolar directing resumption and restoration of the land in question under the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Land), 1978 ('the Act' for short).

(2.) Petitioner has purchased 2.00 acres of land, comprised in Sy.No.5 of Obalapura Village, Kasaba Hobli, Malur Taluk from the sons of original grantee by way of a registered sale deed dated 14.8.2002. Respondent No.3, who is one of the sons of the grantee, moved the Assistant Commissioner seeking resumption and restoration of land in question contending interalia that the sale was hit by Section 4(2) of the Act and was void. The Assistant Commissioner, passed an order dated 16.11.2011 directing resumption of the land to the Government and restoration of the same to the grantees/his legal heirs holding that sale had been effected after the Act came into force and was contrary to Section 4(2) of the Act. On appeal, Deputy Commissioner has confirmed the same. In this background, the present writ petition is filed.

(3.) Sri N.S.Sanjay Gowda, learned counsel for petitioner urges that, as the non-alienation period stipulated in the grant had expired at the time when the property was purchased on 14.8.2002, it cannot be said that the sale deed executed was void. He draws the attention of Court to Section 6 of the Act to contend that if that was the intention of the Legislature in imposing prohibition for registration of the document purporting to transfer the granted land, it would not have just stated under Section 6 that 'registering officer shall not accept any document for registration in respect of the granted land, except where such transfer was in accordance with the terms of grant of such land,' but would have enacted a total prohibition for registration.