HAMBAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS batch of Writ Appeals are filed asailing the orders of the learned single Judge. In all the appeals, the questions arise for consideration is the same.

(2.) THE brief facts are that certain lands were granted to different persons on the ground that they are cultivating Government lands as lessees on temporary lease, by virtue of Rule 43 (J) of the Mysore (now Karnataka) Land Revenue Rules of 1960. After the grant of permanent Saguvali Chits, they alienated the lands to third parties. In some of the cases they were further alienated. Thereafter the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 came into force. (The said Act will hereinafter be referred to as 'karnataka Act 2 of 1979' ). It came into force on 1-1-1979. Section 4 of the Act envisages that any transfer of granted land made either before or after the commencement of the Act, in contravention of the terms of the grant of such land or the law providing for such grant, shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer. Sub-section (2) provides that no person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. Sub-section (3) envisages that the provision of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority.

(3.) SECTION 5 of the Act empowers the Assistant Commissioner, where on application by any interested persons or on information given in writing by any person, or suo motu, after such enquiry, if he is satisfied that the transfer of any granted land is nulll and void under sub-section (1) of Section 4, may by order, take possession of such land after evicting the person affected giving a reasonable opportunity of being heard, he can restore the land to original allottee. Again an appeal is provided under Section 5-A to the Deputy Commissioner, having jurisdiction. Section 6 prohibits registration of such granted lands. Section 8 provides penalty of six months imprisonment or with fine, which may extend to Rs. 2,000/- or with both. Section 10 of the Act empowers the State to make Rules. Section 11 provides that the Act shall have effect of overriding the other laws. This is the the scheme of the Act. After the Act came into force, notices were issued to various transferees from the original grantees in these cases. The original authority passed orders, after conducting enquiry declaring that the transfers were null and void and directed restoration of possession to the original grantees. These orders were confirmed in appeals. Assailing the said orders, writ petitions were filed.