MANMOHAN ATTAVAR Vs. S RAVISHANKAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner/s and the learned HCGP for respondent-State and the learned counsel for the respondents No.1 to 3.

(2.) The petitioners are before this Court praying to quash the order impugned, vide Annexure-B to the writ petition, passed by the 4th respondent and also the order, vide Annexure-C passed by the 5th respondent Appellate Authority, who has been pleased to uphold the order of the 4th respondent dated 2.11.2012 by holding that the sale ef fected on 3.6.1977 is hit by the provisions of Section 4(1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act' for short) as the same is ef fected without prior approval of the Government after commencement of the Act.

(3.) The brief facts of the case are, that one Munigangappa was conferred with a grant of land measuring 4 acres comprised in Sy.No.22 (New No.43) , situated at Channasandra vil lage, Uttarahal li Hobl i , Bengaluru South taluk under the grant certi ficate Annexure-A dated 19.9.1944 and that they belonged to Scheduled Caste; that in violation of the provisions of the Act, the petitioner obtained a sale deed dated 3.6.1977 from the chi ldren of the original grantee.