MUNIYAPPA Vs. THE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) WRIT petition at the instance of a person in whose favour had been granted an extent of 4 acres of land in Sy. No. 21 (New No. 79), situated at Poojaganahalli village, Kasaba Hobli, Devanahalli taluk, as a person belonging to Scheduled Caste community, in terms of grant order dated 15.6.1979. It is such land that the Petitioner had transferred in terms of the sale deed dated 16.10.1994 in favour of the fourth Respondent .

(2.) PETITIONER applied to the Assistant Commissioner invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act] contending that the transaction is to be invalidated in terms of the provisions of Sub -section (1) of Section 4 of the Act, as prior permission under Sub -section (2) of Section 4 of the Act had not been obtained. The Assistant Commissioner issued notice to the fourth Respondent , held an enquiry and accepting the version of the applicant -Petitioner allowed the application.

(3.) WHEN the matter came back to the Assistant Commissioner, the Assistant Commissioner was of the view that the permission granted by the Tahsildar itself was sufficient to fulfil the requirement of provisions of Sub -section (2) of Section 4 of the Act; that the Respondent in the application while did not dispute that the grantee was a person belonging to Scheduled Caste community, the order dated 18.2.1992 obtained from the Tahsildar granting permission as had been on factual verification found to be in existence and there appears to be a controversy on this aspect earlier and as even the applicant himself had indicated that he is ready and willing to act on such permission and in the totality of the circumstances, the Assistant Commissioner dismissed the application.