( 1 ) THESE cases provide a painful and a glaring example as to how a benevolent legislation enacted fr ensuring the proper distribution of material resources of, the community and to help the economic advancement of the weaker sections of the. society in implementation of the objects enshrined in Art. 39 (b) and (c) of the Constitution stands sabotaged to achieve selfish ends at the hands of the very persons who afe entrusted with the responsibility and duty of its enforcement, by utilising the very provisions incorporated for ensuring its implementation.

( 2 ) THE Karnataka Land Reforms Act, 1961 (hereinafter balled 'the act') has been enacted by the State Legislature with the object of bringing about-reforms in agrarian relationship. In the Act, which was erfacted in the year 1961 and also given effect to with effect from 2-10-1965, certain revolutionary changes, were brought about by the Amending Act 1 of 197 which were. given effect from 1-3-1974.

( 3 ) SEC. 44 of the Act provides for the vesting of all lands held on lease as on 1st March 1974, except those exempted under Sec. 5 of the Act, namely, the tenancies created by a soldier or a seaman, in the State Government. Sec. 45 of the Act provides for conferment of ownership on the tenants of the lands belonging to others, which are under their lawful cultivation on the said date. Sec. 48 of the Act authorises the constitution of the Land Tribunals which are charged with the responsibility of adjudicating the claims and enforcing the important provisions of the Act. Sec. 48a of the Act prescribes the procedure m dealing with the applications made by persons lawfully cultivating the lands of another as tenants as on 1-3-1974, claiming occupancy rights -. Sec. 5 of the Act prohibits creation of new leases after the commencement of the Act. Sec. 58 of the Act provides that the lands leased in contravention of the Act should be forfeited and should be disposed of as provided in Sec. 77 of the Act. Secs. 59 and 60 of the Act provide that where the right of tenant to be registered as an. occupant becomes ineffective for any reason or if tenants fails to cultivat the land personally, such land also should be disposed of in accordance with Sec. 77 of the Act.

( 4 ) CHAPTER IV of the Act prescribes the ceiling on lamd holdings. Sec. 66 of the Act provides that every person holding lands in excess of ceiling limit prescribed is required to file a declaration giving particulars or the lands held by him. The Tahsildar, earlier to the amendment of Sec 67 by Amending Act 44 of 1976, and thereafter the land Tribunal has to determine the lands which such persons are entitled to retain and the lands which he has to surrender to the State Government. The lands so surrendered stand vested in the State Govt under Sec. 68 of the Act.

( 5 ) SEC. 76 authorises the Tahsildar to take possession of the lands which stand vested in the State Govt under the provision referred to above sec. 77 of the Act is the most important provision which is relevant for this case which prescribes the procedure for the disposal of the lands vested in the State Govt, which reads as follows :" 77. Dispose of surplus land. (1) Surplus land vesting in the state Govt under this Act, land directed to be disposed of under sub- sec (3) of Sec. 45, Sec. 58, Sec. 60, land vesting in the State Govt under sec. 79a, Sec. 79b or under any other provision of this Act shall, subject to reservation of fifty per cent thereof for grant to persons belonging to the scheduled castes and the scheduled tribes and subject to such restrictions and conditions as may be prescribed in this behalf, may be granted by the. Tribunal to the following persons to the extent adn in the manner as may be prescribed : (i) Dispossessed tenants who are not registered as occupants; (ii) Displaced tenants having no land; (iii) Landless agriculural labourers; (iv) Landless person? and ex-Military personnel whose gross annual income does not exceed rupees two

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