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1998 Supreme(Kar) 169

ASHOK BHAN, B.N.MALLIKARJUNA, V.BHASKARA RAO
HAMBAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.S.MAHESH, K.Abhinav Anand, M.R.ACHARYA, S.V.JAGANATH, T.S.AMAR KUMAR, T.S.RAMACHANDRA RAO, TARAKARAM

BHASKAR RAO, J.

( 1 ) THIS batch of Writ Appeals are filed asailing the orders of the learned single Judge. In all the appeals, the questions arise for consideration is the same.

( 2 ) THE brief facts are that certain lands were granted to different persons on the ground that they are cultivating Government lands as lessees on temporary lease, by virtue of Rule 43 (J) of the Mysore (now Karnataka) Land Revenue Rules of 1960. After the grant of permanent Saguvali Chits, they alienated the lands to third parties. In some of the cases they were further alienated. Thereafter the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 came into force. (The said Act will hereinafter be referred to as 'karnataka Act 2 of 1979' ). It came into force on 1-1-1979. Section 4 of the Act envisages that any transfer of granted land made either before or after the commencement of the Act, in contravention of the terms of the grant of such land or the law providing for such grant, shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer. Sub-section (2) provides that no pe




















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