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2008 Supreme(Kar) 739

P.D.DINAKARAN, V.G.SABHAHIT
Gangamma – Appellant
Versus
Deputy Commissioner, Tumkur District, Tumkur – Respondent


Appearing Advocates: For the Appellants:Reuben Jacob, Advocate. For the Respondents:R1 & R2, B. Veerappa, Government Advocate.

Judgment :-

P.D. Dinakaran, C.J.

The unsuccessful writ petitioners in Writ Petition No. 14216 of 2005 are the appellants herein. The petitioners are the legal heirs of one Sanjeevaiah who had purchased the agricultural land to an extent of 5 acres located in Sy. No. 1/1 in Nagegowdana Byala, Turuvekere Taluk, Tunrkur District from one Mudlaiah s/o Kempaiah a member of the Scheduled Caste in whose favour the said lands were granted by proceedings of the Deputy Commissioner in No. DD/Dis/1240/54-55, dated 9-1-1956 under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as `the Act) on condition that the granted land shall not be alienated for a period of 15 years from the date of the grant. That apart Section 4 of the Act also imposed a prohibition of transfer of the granted lands and the same reads as follows.

"4. Prohibition of transfer of granted lands.—(1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law provid
























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