SHRIPAD NARAYAN HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal arises from the proceedings commenced under the Provisions of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 (for short 'act').

(2.) the appellants are the purchasers of lands bearing sy. Nos. 48 and 56 of achanahalli village, sirsi taluk, uttara kannada district, from the 3rd respondent. The aforesaid lands were granted in favour of the 3rd respondent by the collector of canara district vide his order dated 4-4-1951 on new and impartible tenure under the Provisions of the Bombay land revenue code. The grant was subject to the following conditions: 1) new and impartible tenure. 2) free of occupancy price. 3) free of price of revenue trees. 4) grantee should preserve all the forest trees standing in the survey numbers till they are disposed of by the forest department. 5) they should preserve the public rights and path if any in the said lands. 6) they should raise only food crops on the lands. 7) the entire area of the above survey numbers should be brought under cultivation within 3 years from the date of grant. Penalty clause: 8) for breach of any of the foregoing conditions, the grant made shall be liable for cancellation without any compensation for the improvements made or amount invested on the said lands. 9) the concession of remissions of land revenue as contemplated under g.r.r.d. No. 386/33-11, dated 21-5-1949 should be extended to the above lands in case the grantee is entitled to them under the said g.r. that, pursuant to the grant, the grantee executed a kabulayat in form-1 as prescribed by Rule 37(4) of the Bombay land revenue rules. The terms and conditions of the new and impartible tenure is that the properties shall not be partitioned nor they should be alienated in any manner except with the prior permission of the collector. The appellants purchased sy. No. 48 from the 3rd respondent under the registered sale deed dated 5-11-1966. By another sale deed dated 4-6-1970 they purchased sy. No. 56 also from the 3rd respondent. It is the case of the appellants that after having purchased the lands, they brought the same under cultivation by investing huge sums of money.

(3.) that, in the year 1978, the state, with the object to provide for prohibition of transfer of certain lands granted by the government to persons belonging to the scheduled castes and scheduled tribes and for restoration of such lands to such persons, brought the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 into force with effect from 1-1-1979. The 3rd respondent filed an application before the assistant commissioner, sirsi sub-division, under Rule 3(2) of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) rules, 1979, for a declaration that the alienation of the aforesaid lands in favour of the appellants null and void and for restoration of the same in accordance with Section 5 of the act. The assistant commissioner, after holding an enquiry, by his order dated 17-11-1982 dropped the proceedings on the ground that there is no violation of Karnataka land grant rules as the lands in question were purchased by the appellants after the expiry of 15 years from the date of grant.