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2004 Supreme(SC) 792

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
MALAPPA (DEAD) BY LRS. – Appellant
Versus
State of Karnataka – Respondent


ORDER

1. An extent of two acres of land was granted on 4-8-1962 to the father of the second respondent with a condition that the said land should not be alienated within a period of fifteen years. The father of the second respondent sold the said land to the appellant on 29-4-1966. This date is disputed by the learned counsel for the second respondent contending that, as held by the Assistant Commissioner, the date of transfer is 24-7-1967. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "the Act") came into force on 1-1-1979. The second respondent, under the provisions of the said Act, applied for restoration of the said land on the ground that the transfer had been made in violation of the non-alienation clause of the grant. The Assistant Commissioner, after holding enquiry, declared the sale made in favour of the appellant as null and void and, consequently, directed the restoration of the said land in favour of the second respondent. In appeal filed by the appellan, the Deputy Commissioner did not find any good ground to take a different view and dismissed the appeal. The appellant filed a writ petition challen





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