VEERAMMA Vs. DEPUTY COMMISSIONER SHIMOGA

JUDGEMENT

(1.) THE short question that arises for consideration in this writ appeal filed under Section 4 of the Kamataka High Court Act, 1961 is whether the alienation of 'granted land' made by the 3rd respondent in favour o1 the appellant after the coming into force of the Kamataka Scheduled castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978 (hereinafter referred to as 'act'), without obtaining the permission of the State Government is valid? The question involved is purely legal and therefore the facts insofar as they are necessary for the disposal of the appeal are being noticed.

(2.) RESPONDENT 3 is a member of a Scheduled Caste and he was granted land sometime in the year 1972-73 and a grant certificate had been issued to him on 26-9-1975. Since the grant was made under the land Grant Rules meant to benefit the Scheduled Castes in the State, a condition was imposed that the said land shall not be alienated for a period of 15 years from the date of grant of certificate. The prohibited period of 15 years expired on 25-9-1990 and by that time the Act had come into force. The 3rd respondent alienated the land in favour of the appellant on 3-12-1990 and it is this alienation which was set aside by the Assistant Commissioner holding that the same was null and void being in contravention of the mandatory provisions of Section 4 of the act. The order cancelling the grant was upheld by the Deputy commissioner in appeal. Feeling aggrieved by the order of cancellation the appellant filed Writ Petition No. 32569 of 2000 in this Court and the matter was considered by a learned Single Judge who came to the conclusion that the alienation being in contravention of the mandatory provisions of Section 4 of the Act was null and void and therefore it did not convey any right, title or interest to the appellant. It is against this order that the present writ appeal has been filed.

(3.) WE have heard the learned Counsels for the parties. Section 4 of the Act reads as under: