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1998 Supreme(Kar) 696

MOHAMED ANWAR
R. RUDRAPPA – Appellant
Versus
DEPUTY COMMISSIONER, CHTTRADURGA DISTRICT, CHITRADURGA – Respondent


Advocates:
B.M.SIDDAPPA, BASAVA PRABHU S.PATIL, L.KRISHNA MURTHY, Manjunath Allur, N.Y.GURUPRAKASH, T.J.MARIYAPPA

MOHAMED ANWAR, J.

( 1 )

( 2 ) ALL these petitions are taken up together for disposal since the principal prayer therein is for:"declaration that the Provisions of Limitation Act are applicable for making application for resumption of the land under Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978".

( 3 ) CERTAIN undisputed facts in these petitions are that the lands in question were government lands that were granted to respective grantees belonging either to scheduled castes or scheduled tribes, and that these lands were granted to them under darkhast imposing a condition not to alienate them for a specified period. It is an admitted fact that these lands were alienated by the grantees or their legal representatives ('l. rs' for short) in violation of the said condition. Therefore, respondent 2-assistant commissioner ('a. c. ' in short) on applications made either by the grantees or the l. rs passed the impugned orders under Section 5 of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 ('the ptcl act' for short) holding that the alienations of the respective lands in favour o













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