ORDER :

1. This appeal is preferred against the judgment of the High Court of Karnataka at Bangalore. A learned Single Judge of the High Court upheld the order of the appellate authority under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978, which came into force in 1979, (for short, "the "Act"). The appellate authority had by its order had set aside the order of the Assistant Commissioner, Davanagere. The appellate authority had annulled the transfer of land measuring 1 Acre and 2 Guntas, which was sold out of a total of 2 2 Acres and 2 Guntas, and further directed the Assistant Commissioner, Davanagere to restore the disputed land to the possession of the applicant.

2. The land was originally granted to one Kariyappa on the basis of a grant which had not been produced on record. The grant was on 30.06.1965. Kriyappa sold the land to one Mekha Narasimha Murthy on 15.12.1977. The appellant-Smt.Nekkanti Rama Lakshmi purchased the land on 27.06.1984 from Mekha Narasimha Murthy.

3. With effect from 01.01.1979, the Act came into force. That Act vide Section 4[Sec. 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. ] annulled the transfer of any granted land in contravention of the terms of grant of such land.

4. Section 5[Sec. 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 moto, 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 order of the Deputy Commissioner under Section 5-A, any order passed] under [sub-section (1) and (1-A) 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 than the original grantee or his legal heir, it shall be presumed until the contrary is proved, that such peoson has acquired the land by a transfer which is null and void under provisions of sub-section (1) of Section 4.] of the Act provided for resumption and restitution of granted l