N SAMPANGIRAMAIAH Vs. ASSISTANT COMMISSIONER BANGALORE

JUDGEMENT

(1.) The petitioners have questioned the order of the Special Deputy Commissioner, Bangalore District, under Annexure-C as well as the order passed by the Assistant Commissioner, Bangalore Sub-Division, Bangalore, under Annexure-B ordering restoration of 3 acres 39 guntas of land in Sy.No. 74 of Honnakalasapura village, Anekal Taluk, in favour of respondent-3.

(2.) The point for consideration is whether the petitioners are justified in asserting that the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') are not applicable in view of the fact that the petitioners have perfected their title in the granted land by prescription of long and continuous enjoyment before the commencement of the Act for over a period of 30 years.

(3.) The undisputed facts are that the land was granted on 19-11-1926 to the original grantee who belonged to the depressed classes and the land came to be alienated under a registered sale deed dated 14-10-1939. The Act came into force with effect from 1-1-1979. In these circumstances, the conclusion can only be that the period of 30 years for the purpose of perfection of title has elapsed calculating from the date on which the prohibition on alienation came to an end to the date of the commencement of the Act. The Land was granted on 19-11-1926 subject to the restriction that it should not be alienated for a period of 15 years. Calculating from the date of expiry of the period of restriction, there is no difficulty in holding that more than 30 years have elapsed from the date of expiry oF the period of alienation.