( 1 ) THIS reference has been placed before the Full Bench as per the order of the Chief Justice, dated 22-7-2002 and has come up before us.

( 2 ) A learned Single Judge was considering a writ petition wherein the order dated 8-12-1998 passed by the Assistant Commissioner declaring the sale of the land in Sy. No. 415/1 measuring 7. 25 guntas out of the total extent of 1 acre 19 guntas of Susugadi Village in Bhatkal Taluk was challenged. The learned Single Judge, vide his order dated 9-3-2001, having disagreed with the view of another learned Single Judge in the case of Narayan Parameshwar Naik and Others v Deputy Commissioner, karwar, Uttara Kannada District and Others, and as the issue was a question of law of general importance, thought it to be a fit case for reference to the Division Bench and referred the same to decide the following question:"whether the land in respect of which occupancy rights have been conferred in favour of a tenant under the provisions of the Karnataka land Reforms Act, 1974, can be construed as "granted land" as defined under Section 3 (b) of the Karnataka Scheduled castes and Scheduled Tribes (Prohibition of Transfer of Certain lands)