important point
Any person other than the grantee or his legal heirs in possession of the granted land, shall be deemed to be in possession under a transfer which is null and void under Sections 4(1) and 4(2) of the Karnataka Scheduled Castes and Schedules Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

judgment

Dr. Arijit Pasayat, J. —

Civil Appeal No. 7782 of 2001

1.Heard learned counsel for the parties.

2.Challenge in this appeal is to the order passed by a Division Bench of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act (in short the High Court Act). Challenge in the appeal was to the order passed by a learned Single Judge who had dismissed the writ petition filed by the appellant-Bhadrappa. After the death of Bhadrappa, his legal heirs were brought on record and they are the appellants before this Court.

3.Background facts in a nutshell are as follows:

The land in question was granted some time in the year 1955 in favour of one Gopya Naik who is referred hereinafter as grantee. Saguvali Chit was issued on 11.10.1956. Seetamma, widow of the grantee who was also the mother of respondent No.3 sold the land in the year 1959 in favour of one Gangappa who in turn sold the said land to Ahmad Pasha and there was subsequent sale by Ahmad Pasha to Bhadrappa. The land in question bears Survey No.106 measuring 3 acres and 5 guntas.

4.Proceedings were initiated on the basis of an application that the alienation was hit by Section 4 of Karnataka Scheduled Castes and Schedules Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (in short the Act).

5.Sections 4 and 5 of the Act read as follows:

“4. Prohibition of transfer of granted lands.-

(1)Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer.

(2)No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government.

(3)The provisions 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.

5.Resumption and restitution of granted lands.-

(1)Where, on application by any interested person or on information given in writing by any person or suo-motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the transfer of any granted land is null and void under sub-section (1) of section 4, he may,-

(a)by order take possession of such land after evicting all persons in possession thereof in such manner as may be prescribed:

Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard;

(b)restore such land to the original grantee or his legal heir. Where it is not reasonably practicable to restore the land to such grantee or legal heir; such land shall be deemed to have vested in the Government free form all encumbrances. The Government may grant such land to a person belonging to any of the Scheduled Castes or Scheduled Tribes in accordance with the rules relating to grant of land.

(1A) After an enquiry referred to in sub-section (1) the Assistant Commissioner may, if he is satisfied that transfer of any granted land is not null and void pass an order accordingly.]

(2)Subject to the orders of the Deputy Commissioner under section 5A, any order passed under sub-sections(1) and (1A) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Assistant Commissioner in pursuance of any power conferred by or under this Act.

(3)For the purposes of this section, where any granted land is in the possession of a person, other then the original grantee or his legal heir, it shall be presumed, until the contrary is proved, that such person has acquired the land by a transfer which is null and void u