GIRIJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Constitutional validity of Section 61 of Karnataka Land Reforms Act, 1961, is no longer res-integra in view of the Constitutional Bench decision of the Apex Court reported in the case of Srinivasa Raghavachar Vs State of Karnataka (AIR 1987 SC 1578) wherein the validity of Act No. 1/1974 is upheld. Hence, the contention urged in this regard cannot be accepted and the same are rejected.

(2.) SINCE the granted land was sold within a period of 15 years, by the impugned order the land has been restored to the original grantee. Learned Counsel for the petitioner submits that the order is also passed under Section 5 (1) (b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act restoring the land, which is not permissible.

(3.) IN view of the Full Bench decision of this Court in the case of Mohammed Jaffar and Anr. vs State of Karnataka (ILR 2002 KAR 4693) the provisions of PTCL Act are not applicable. Hence, the impugned order of restoration is passed exercising the power under Section 61 (3) of Karnataka Land Reforms Act. Against the impugned order, the petitioner has got right of appeal under Section 118 of the Act.