SANJAY KUMAR, K. VINOD CHANDRAN
Seethamma, W/o. Late Sathyappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
K. Vinod Chandran, J.
Leave granted.
2. Concurrent findings leading to the annulment of a sale, under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘the Act of 1978’) is challenged before us. All the authorities and the High Court found that Section 4 of the Act postulates any transfer without previous permission of the Government to be null and void.
3. Sri Manjunath Meled, learned Counsel for the appellant submits that the Act of 1978 is not applicable to the subject land. The grant itself was made in the year 1977 and receipt issued in the year 1981. The first transfer was made after 15 years and the appellant is a purchaser from the transferee of the year 1997. Learned counsel for the appellant relies on Shakuntala v. The State of Karnataka & Others, C.A. Nos. 1061-1063 of 2019.
4. Sri Avishkar Singhvi, learned Additional Attorney General for the State relies on Satyan v. Deputy Commissioner & Others, (2020) 14 SCC 210, Vivek M. Hinduja & Others v. M. Ashwatha & Ors., (2020) 14 SCC 228 and Dharma Naika v. Rama Naika & Another, (2008) 14 SCC 517 to contend that the delay is only of 9 yea
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